STATE OF HARYANA Vs. ROOP CHAND

JUDGEMENT

(1.) The plaintiff filed a suit for permanent injunction in order to restrain the defendants from interfering in his peaceful possession over the land measuring 42 kanals 8 marlas, situated within the revenue estate of village Mundsa, Tehsil and District Jhajjar and also from cutting the trees from the aforesaid land. The suit was decreed in the following terms: -

(2.) The plaintiff filed appeal against the judgment and decree of trial Court which was allowed and the appellate Court passed the following decree: - "It is ordered that the appeal is allowed. Relief granted in part by learned trial Court is hereby expanded and appellant is held entitled for the decree of his suit in entirety. Appellant/plaintiff is also held entitled for the costs throughout. There is no order as to costs."

(3.) Learned counsel for the appellant has submitted that the learned Courts below have committed error of law in relying upon the report of the local commissioner, who was not appointed in the present case. He has also submitted that plaintiff has been given relief with regard to the protection of the trees from being cut by the appellant from the land which does not belong to him.