KALI CHARAN Vs. NANAK CHAND

JUDGEMENT

(1.) The plaintiff appellant has directed the present regular second appeal against the judgment and decree dated 1.9.1992 passed by Sh. K.C. Gupta, Additional District Judge, Faridabad vide which the appeal filed by the plaintiff was dismissed and the judgment and decree dated 7.12.1991 passed by Mrs. Sneh Prasher, Additional Senior Sub Judge, Faridabad dismissing the suit of the plaintiff was upheld.

(2.) Briefly stated, the plaintiff filed suit for permanent injunction and pleaded that he was owner in possession of plot No.1957 measuring 5893.75 sq. feet shown in the letters ABCDEFGH in the site plan situated in Harijan Basti, Old Faridabad. The plaintiff had purchased it from Amar Singh son of Shakru on 25.3.1985 for a consideration of Rs.15,000/- vide registered sale deed and Amar Singh vendor prior to its sale had got sanctioned site plan from the Faridabad Complex Administration vide order dated 26.11.1984. It was also pleaded that plaintiff had constructed some katcha huts in it and had been using it for piggery purpose and the defendants No.1 to 6 had got no right or interest in it and that they wanted to grab the portion of his plot shown with letters HIJK in red colour in the site plan in order to raise construction upon it forcibly.

(3.) On notice, defendants No.4 to 6 appeared but did not contest the suit.