RAMESH KUMAR Vs. SUNDER LAL AND OTHERS

JUDGEMENT

(1.) Suit filed by the plaintiffs was dismissed by the trial Court vide judgement and decree dated 14.01.2009. As certain directions were also issued by the trial Court, which were prejudicial to the interest of defendant No.1, both the sides preferred separate appeals against the said decree. Vide common judgement and decree dated 31.01.2011, appeal preferred filed by the plaintiffs was dismissed and the appeal of defendant No.1 was accepted by the First Appellate Court. This is how, plaintiff No.1 has preferred these two Regular Second Appeals i.e.RSA Nos.1802 and 1850 of 2011, that are being disposed of vide a common order. Parties to the lis, hereinafter, would be referred to by their original positions in the suit.

(2.) In a suit filed by the plaintiffs, they prayed for a decree for injunction with a prayer that the suit property is a part of House No.2965 shown in red colour in the site plan and comprised in Khsra No.243 and is owned and possessed by the plaintiffs. It was urged that the defendants be restrained from interfering in their possession in any manner. Further, portion shown in green colour consisting of an area measuring 7'9"x 27'3", was illegally encroached by defendant No.1, in connivance with defendants No.2 and 3 and, therefore, a decree for mandatory injunction was prayed for, to remove the alleged encroachment upon the rasta.

(3.) In brief, the case set out by the plaintiffs was that the property bearing No. 2965 situated near Double Fatak, Rewari, was in possession of the plaintiffs for the last more than 70 years. Towards north of the said property(house of the plaintiffs) there exists rasta i.e.being used as a public thoroughfare and was shown in yellow colour in the site plan. Defendant No.1 had encroached upon a part of said rasta to the extent indicated above and shown in green colour in the site plan. The matter was reported to defendants No.2 and 3 but they permitted defendant No.1 to raise construction. Rather, the plaintiffs were threatened that their house would be demolished and they would be ousted from the suit property. About five days from the filing of the suit they started demolishing the house in question. Thus, the suit.