SURESH Vs. MAHINDER

JUDGEMENT

(1.) Unsuccessful plaintiff - Suresh (now appellant through his LRs) has approached this Court by way of the present regular second appeal against the concurrent findings of the Courts below, inasmuch as the suit filed by him seeking decree for possession along with mandatory and permanent injunction of the suit property against sole defendant - Mahinder (now respondent through his LRs) was dismissed by the trial Court vide judgment dtd. 17/8/2017 and the appeal filed by the said plaintiff was dismissed by the First Appellate Court on 11/4/2022.

(2.) In order to avoid confusion, parties shall be referred as per their status before the trial Court. Trial Court record was called and the same has been perused.

(3.) Subject matter of the dispute is a plot bearing number 354 measuring 318 Sq. yards situated within the abadi deh of village Sitawali, Tehsil and District Sonepat, shown by letter ABCD' in the site plan attached with the plaint.