MATADIN AND ANOTHER Vs. OM PARKASH AND OTHERS

JUDGEMENT

(1.) Defendants No.1 and 2 are in appeal against concurrent judgments and decrees passed by the courts below, thereby decreeing the suit of the plaintiffs for declaration and possession to the effect that they are owner of property bearing Ahata No.2, Ghar No.2 in village Jiwara and defendants have been directed to hand-over the vacant possession of the property within the period of three months, failing which the plaintiffs are held entitled to take recourse to the assistance of the court.

(2.) Brief facts of the case are that the plaintiffs, Roshan Lal and Sher Singh filed a suit for declaration and possession with the pleadings that the plaintiffs are owner in possession of residential plot bearing Ahata No.2, Ghar No.2 situated in the residential area of village Jiwara, Tehsil and District Rewari which is duly shown by the letters 'ABCDEF' with red boundary line in the site plan, Exhibit PW-3/A. Revenue record viz. field map/ Naksha Abadi of the year 1865 has been relied by the plaintiffs.

(3.) The possession of the defendants No.1, 2 and 3 on Ahata No.2, Ghar No.2 on the portion marked by letters 'LBCDEM' and 'ENOF' is claimed to be illegal and un-authorized. Plaintiffs seek possession on the ground that on or about 20.08.2001, defendant No.1 had raised construction on the green portion marked by letters ENOF in the site plan. The construction of the defendants was opposed by the plaintiffs and at that time, the defendants calimed that the disputed green portion is not part and parcel of Ahata No.2, Ghar No.2, rather defendants No.1 and 2 claimed the same to be part and parcel of Ahata No.3 which is owned by Shamlat deh and the respectables of the village advised them to get the land measured by the Local Commissioner. On 25.08.2001, the land was got measured by the Local Commissioner and it was found that the land in possession of defendant No.1 is part and parcel of Ahata No.2, Ghar No.2. Therefore, possession of the defendants over the green portion of land is claimed to be illegal and un-authorised and ejectment is sought. Shri Bhagwan and Dhani Ram have also raised construction on some portion of the land shown in brown colour in the site plan depicted by letters 'ALMENO' for which separate proceedings are pleaded to have been pressed into service.