JEET SINGH AND OTHERS Vs. OM PARKASH

JUDGEMENT

(1.) Present regular second appeal is against concurrent findings of both the Courts below whereby Court of first instance decreed the suit for mandatory injunction/permanent injunction and first Appellate Court dismissed the appeal.

(2.) Learned counsel for appellant took the plea that Courts below fell in error while relying upon documents which were not proved. The site plan of disputed property was not proved. The house in question was constructed about 22 years back and suit was filed by plaintiffs-claimants that land was agricultural land only. Both the Courts below have completely ignored these facts while returning the findings and the said findings be reversed.

(3.) Facts are not disputed that plaintiffs have filed suit for possession with mandatory injunction and permanent injunction on the ground that they are owner in possession of agricultural land comprising in Rect. No.151 Killa No.1 suit land measuring 8 kanals 10 marlas situated within the municipal limits and revenue estate of Ferozepur Jhirka. As per plaintiffs, defendants are strangers to the suit property and succeeded to encroach upon same and raised construction upon some portion of the suit property forcibly. Request made by plaintiffs were of no use and as such necessity of the suit.