NARESH Vs. DHAN SINGH AND OTHERS

JUDGEMENT

(1.) Defendant Naresh Kumar son of Jagdish is in second appeal against the concurrent findings of fact recorded by both the Courts below in decreeing the suit of the plaintiff-respondents.

(2.) Plaintiffs Dhan Singh and another filed a suit for permanent injunction that one Bishna was the ancestor of the plaintiffs and the plaintiffs are continuing as owners in possession of the land comprised in khatuni No.77 khasra Nos. 394, 396 and khatuni No.100 khasra No.395, as shown by letters "EFJI" in the site plan, which is situated within the abadi of village Bhangrola, Tehsil and District Gurgaon. It has been pleaded by the plaintiffs that the plaintiffs had already raised construction of boundary wall and two shops in the land in question and there existed an old khandar room. Feeling threat of dis-possession and interference, the suit for permanent injunction came to be filed.

(3.) The suit has been contested by the defendants by raising all customary pleas. It has been denied that Bishna was the ancestor of the plaintiffs and, therefore, they are not continuing in possession of the suit property. The suit property, as depicted in terms of revenue record, is also denied. The construction of the plaintiffs is also denied and it has been claimed that the same was erected by the father of the defendants and electric meter was also installed in the room. The shops, as projected by the plaintiffs, are claimed to be residential rooms, which have been constructed by defendant No.2. The boundary wall is allegedly constructed by the father of the defendants about 28 years ago. It has been claimed that the plaintiffs are neither owners nor in possession of the suit property and, therefore, the suit being devoid of merit be dismissed.