BALWANT SINGH Vs. JAGMAL

JUDGEMENT

(1.) Present Second Appeal has been filed by the appellant/plaintiffs against the judgment and decree dtd. 7/12/2013 passed by the learned Additional District Judge, Narnaul whereby the judgment and decree dtd. 31/5/2010 passed by the learned Civil Judge, Junior Division Mohindergarh allowing the suit for permanent injunction of the plaintiffs, has been set aside; and the appeal filed by the respondents/defendants was allowed.

(2.) Brief facts of the case are that during consolidation proceedings suit land measuring 4K 17 M was allotted to the plaintiffs alongwith other co-sharers; and in lieu of the suit land, defendants were allotted land measuring 3 K 19 M of plaintiffs and other co-sharers. It was pleaded in the plaint that pursuant to the consolidation proceedings, entries have been incorporated in the revenue record and plaintiffs alongwith other co-sharers are shown as owners in possession of suit land. It was alleged that as the defendants were trying to illegally dispossess the plaintiffs, plaintiffs were constrained to file the present suit on 2/11/2009 seeking decree of permanent injunction restraining defendants from interfering in the suit property measuring 4K 17 M.

(3.) Upon notice, defendants No. 1 to 3 had appeared and filed joint written statement denying that the suit land was allotted to the plaintiffs during consolidation proceedings. It was alleged that claim of the plaintiffs was wrongly entered into revenue record. In actual fact, plaintiffs had nothing to do with the suit property. It was stated that application had been submitted by answering defendants in the revenue Court for correction of khasra girdawari. All averments in the plaint were denied, and dismissal of the suit was prayed for.