NIRANJAN SARUP (DECEASED) Vs. CHHABIL DASS CHELA

JUDGEMENT

(1.) THE above mentioned regular second appeal i.e. RSA No. 1155 of 1987 and contempt petition i.e. COCP No. 3055 of 2011 have been listed together for hearing. Both the above mentioned second appeal and contempt petition are being disposed of by a common judgment. This is appellants/plaintiffs' second appeal, who remained unsuccessful in both the Courts below, against the judgment and decree dated 23.12.1985 passed by learned Sub Judge IIIrd Class, Palwal whereby suit filed by the plaintiffs for permanent injunction has been dismissed, as well as, against the judgment and decree dated 19.12.1986 passed by learned Additional District Judge (III), Faridabad whereby appeal preferred by the plaintiffs has also been dismissed.

(2.) FOR convenience sake, hereinafter parties will be referred to as they are arrayed in the Court of first instance.

(3.) THE detailed facts are already recapitulated in the judgments of the Courts below and are not required to be reproduced. However, brief facts relevant for disposal of this regular second appeal are that plaintiffs filed a suit for permanent injunction restraining the defendants from interfering in their peaceful possession of the land, detailed in para no.1 of the plaint and from carrying out any construction in the land on the ground that they are co -sharers and are in possession of the land in suit as dholidars since times immemorial. It is alleged that defendants are unauthorisedly inclined to interfere in their possession of the land in question and want to carry out some construction and install a tubewell in that land. In the alternative the plaintiffs have prayed for mandatory injunction directing the defendants to demolish the construction etc., if the defendants made any, during the trial of the suit.