DHARAMBIR Vs. HARIYA

JUDGEMENT

(1.) THIS regular second appeal of defendant no.1 is directed against the judgment and decree dated 08.11.2013 passed by learned District Judge, Sonepat whereby appeal preferred by respondent no.1 - plaintiff against judgment and decree dated 24.03.2012 passed by learned Civil Judge (Jr. Divn.), Sonepat, has been accepted and he has been declared to be owner in possession of the disputed plot and appellant -defendant no.1 and respondent -defendant no.2 have been restrained from interfering in his peaceful possession forcibly and illegally over the disputed plot.

(2.) FOR convenience sake, hereinafter reference to parties is being made as per their status in the plaint.

(3.) THE detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. In brief, the facts relevant for disposal of this second appeal are to the effect that plaintiff filed a suit for declaration and permanent injunction claiming himself to be owner in possession of a gair mumkin plot comprised in killa no.133/10/11(0 -3), detailed and described in para no.1 of the plaint. It has been pleaded that as per the policy of government under 20 -Point Programme, defendant no.2 -Gram Panchayat had gifted the disputed plot to plaintiff vide registered gift deed dated 30.07.1983 and possession of the same was also handed over to him at that time and since then, he is owner in possession of the same. A week prior to the institution of suit, when plaintiff was collecting building material to raise construction over the disputed plot, defendant no.1 created hindrance by alleging that disputed plot had been allotted to him by defendant no.2 -Gram Panchayat vide registered gift deed dated 22.03.1994. Thereafter, plaintiff requested defendant no.2 -Gram Panchayat to cancel the gift deed dated 22.03.1994 in favour of defendant no.1 and also asked defendant no.1 to treat the gift deed dated 22.03.1994 as null and void document, but to no avail. Hence, suit was filed.