HAWA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PLAINTIFF -appellant is in second appeal against the judgment and decree passed by the Courts below in a suit for permanent injunction.

(2.) THE appellant filed a suit for permanent injunction restraining the defendants from cutting and removing the trees from the land comprising in Khewat No. 66 (min) Khata No. 84 (min.) Rect. and Killa Nos. 112/3/2(1-7),4(1-7), 5(1-5), 9(1-13) measuring 5 kanals 12 marlas situated in Village Jamni Tehsil Safidon District Jind. It was alleged that the plaintiff has planted trees on the suit land and that the plaintiff being the owner in possession of the land is entitled to trees but the defendants illegally are threatening to cut and remove the trees from the suit land.

(3.) THE plaintiff-appellant has produced Jamabandi for the year 1981-82 Ex. P-2 as well as Khasra girdawari for the year 1984-85 Ex. P-3. The plaintiff also examined P.W.2 Rattna and P.W.3 Hukma apart from examining prem his attorney as P.W.1 in support of his case. On the other hand the defendants have produced notification dated 3.5.1958 as Ex. D-4 and notification dated 11.10.1974 Ex. D-3. The defendants have also examined Ram Singh D.W.1, Umed Singh, D.W.2 and Jagdish D.W.3. The defendants have also produced the record of expenditure in the shape of Exs. D-1, D-2, D-5, D-6 and D-7.