HEM CHAND AND OTHERS Vs. HARDEI AND OTHERS

JUDGEMENT

(1.) Impugned in the present regular second appeal is the judgment and decree dated 23.11.2011, passed by the learned Additional District Judge, Faridabad, affirming the judgment and decree dated 30.10.2010, passed by the learned Civil Judge (Junior Division), Faridabad, vide which the suit of the plaintiff/respondent No. 1 was decreed and defendants/appellants were restrained from interfering in the peaceful possession of the plaintiff/respondent No. 1 over the suit property, detailed in para-1 of the plaint.

(2.) Brief facts involved in the present case are that plaintiff/respondent No. 1 Hardei filed a suit for permanent injunction against defendants/appellants for restraining them from interfering in the peaceful possession of the plaintiff/respondent No. 1 over the disputed property i.e. house and gait, fully detailed in the plaint. The plaintiff/respondent No. 1 claims that she is the owner in possession of the house and gait measuring approximately 800 square yards in area consisting of three huts, bonga, bitoras, khor etc. shown 'ABCDEFGHI' in the site plan attached with the plaint and boundaries of which as under :-

(3.) According to the plaintiff/respondent No. 1, the said property is situated within the abadi of village Tilpat, Tehsil and District Faridabad. It is the ancestral property of the plaintiff/respondent No. 1. Out of the suit property, the site 'ABCDI' is being used as a gait, whereas the remaining portion 'DEFGHI' in the site plan is being used as a house by the plaintiff/respondent No. 1. The plaintiff/respondent No. 1 claims that she is in possession of the disputed property since the time of her forefathers as owners. The plaintiff/respondent No. 1 got ration card at the said address. The property is shown as No. 409. The plaintiff/respondent No. 1 also pays the house tax of the said property. The plaintiff/respondent No. 1 is also enlisted as a voter on the said address. She also got clicked photographs of the suit property, which are attached with the plaint. The plaintiff/respondent No. 1 belongs to weaker section of the society. The defendants/appellants are keeping evil eye over the suit property and are threatening to dis-possess her from the suit property forcibly, illegally and without any right. They are also threatening to throw away her bitora and kudi etc. and also stock of the wood.