JASPAL KAUR Vs. GAUSHALA RAMA MANDI

JUDGEMENT

(1.) The defendants No. 4, 8, 9 and 10 (through legal heirs) and 11 (appellants No. 1 to 5 herein respectively) are in second appeal against the concurrent judgments and decrees of the ld. Courts below, whereby the suit of the plaintiff/respondent no.1 herein, for possession of the suit land comprised in khewat No.856 measuring 3 kanals 12 marlas and in khewat No. 857 measuring 80 kanals 16 marlas vide jamabandi for the year 201213; along with consequential relief of permanent injunction restraining the defendants from raising construction over the suit land and changing the nature of suit land, has been decreed by both the Courts below.

(2.) The parties shall hereinafter be referred to as per their status before the learned trial Court i.e. the appellants are the 'defendants No. 4,8,9,10 (through legal heirs) and 11'; and the respondent No.1 is the 'plaintiff'.

(3.) The brief facts of the case as set out in the plaint are that the plaintiff filed the present suit for possession regarding the land comprised in khewat no. 856, khata no. 1674, kittas 2, area measuring 3 kanal 12 marla and in khewat no. 857, khata no. 1675 to 1678, kittas 15, area measuring 80 kanal 16 marla vide fard jamabandi for the year 2012-13, situated at village Kalanwali, Tehsil Kalanwali, District Sirsa (hereinafter referred to as suit land) along-with consequential relief of permanent injunction thereby restraining the defendants from raising constructions over the suit land and also from changing the nature of the suit land forcibly and illegally. The plaintiff is authorized member of the Gaushalla, Raman Mandi. The plaintiff is owner of the suit land over which the defendants have made unauthorized possession/encroachment for last 3-4 years without any right. The plaintiff being owner of the suit land is entitled to get the possession of the same from the defendants. Hence, the present suit.