HOSHIYAR SINGH Vs. RAMESH KUMAR

JUDGEMENT

(1.) Defendant-Hoshiyar Singh is in appeal against the judgment and decree dtd. 7/4/2017 passed by the Court of learned District Judge, Narnaul, dismissing the appeal filed by the defendant against the judgment and decree dtd. 9/9/2016 passed by the Court of learned Civil Judge (Jr. Divn.), Mohindergarh, vide which the suit filed by the respondent-plaintiff for permanent injunction was allowed.

(2.) For the sake of convenience and clarity, parties shall be referred to as per their original status.

(3.) Respondent-plaintiff (Ramesh Kumar) filed a suit for permanent injunction restraining the appellant-defendant (Hoshiyar Singh) from interfering in the possession of the plaintiff over land measuring 4 kanals 12 marlas (fully described in the plaint), situated within the revenue estate of Village Khayra, Tehsil and District Mohindergarh (for short the "suit land"). The case set up by the plaintiff was that the agricultural land had been partitioned by the revenue Court vide order dtd. 2/7/2012 passed in partition proceedings. Pursuant to the same, Sanad Taksim was prepared and the plaintiff was put in separate possession of land measuring 14 marlas. The other co-sharers were also put in possession of the respective shares of land received by them in the partition proceedings. It was averred that since the defendant was a powerful person, he wanted to take forcible possession of the suit land after raising construction. Under the circumstances, the suit was filed.