JAGRAM Vs. DEVINDER BHANDARI

JUDGEMENT

(1.) The present regular second appeal has been preferred by the plaintiff-appellant challenging the judgments and decrees dtd. 30/11/2015 and 10/7/2017 passed by the Trial Court and the First Appellate Court, respectively, dismissing the suit filed by him.

(2.) Brief facts relevant to the present lis are that the plaintiff-appellant herein filed a suit for permanent injunction for restraining the defendant-respondents from interfering in his possession over land falling in Rect. No.28, Killa No.2/1/2/2 (1-7) situated in Village Carterpuri, Tehsil and District Gurugram. It was averred by the plaintiff-appellant that he is owner in possession of the suit property and that the defendant-respondents have no right, title or interest in the suit property. According to the plaintiff-appellant the defendant-respondents are strong-headed, powerful and influential persons who are interfering in his peaceful ownership and possession over the suit property and are also adamant to dispossess him illegally and unlawfully. It was further averred that the defendant-respondents have threatened the plaintiff-appellant to falsely implicate him and his family members in criminal case instituted under SC/ST Act. The defendant-respondents filed written statement and contested the suit. They raised preliminary objections regarding cause of action, locus standi, maintainability, mis-joinder and non-joinder of necessary parties, estoppel and valuation. It was contended that the plaintiff-appellant had filed the suit with a malafide intention to restrain the Harijan Community of village Carterpuri from using and utilizing their own land reserved for Tanghat' from which the community had been taking water since times immemorial. The site plan submitted by the plaintiff-appellant was stated to being incorrect and it was stated that the land on which the Panghat' was situated belonged to HUDA, Gurgaon which had carved out several residential plots and have allotted the same to different persons who have already constructed their houses thereon. It was submitted that plaintiff-appellant had produced an incorrect site plan so as to grab the property of Harijan Community and it was denied that the defendants were trying to interfere in the ownership and possession of the plaintiff-appellant. According to the defendant-respondents the Harijan community of the village had been drawing fresh drinking water from the land of Panghat' in Killa No.26 of Rect. No.28.

(3.) On the basis of the pleadings of the parties the following issues were framed: