ROHTASH Vs. SHEELA DEVI

JUDGEMENT

(1.) For the reasons stated in the application, the same is allowed. The delay of 163 days in re-filing the present appeal is condoned. RSA No.2688 of 2022

(2.) Present appeal has been preferred by the plaintiff-appellant challenging judgment and decree dtd. 29/10/2021 passed by the First Appellate Court whereby the judgment and decree dtd. 19/9/2017 passed by the Trial Court has been reversed and his suit has been dismissed.

(3.) The brief facts relevant to the present lis are that the plaintiff- appellant filed a suit for permanent injunction averring in the plaint that he is co-owner and in exclusive possession of 16 Kanals of land, fully described in the plaint, situated in the revenue estate of village Mehchana, Tehsil Farrukhnagar, District Gurugram. It was further averred that the plaintiff- appellant had sown crop of mustard (sarson) on the suit property. However, the defendant-respondent alleged that she had purchased some portion of the suit property and was harassing the plaintiff-appellant with malafide intention to dispossess him. Hence, the present suit. The defendant-respondent appeared and filed her written statement wherein various preliminary objections were raised. It was averred in the written statement that the plaintiff-appellant had sold more share than his actual share in the suit property and that he was residing with his family near the road in his excess share forcibly. It was further averred in the written statement that the plaintiff-appellant is not a co- sharer in the suit property. All other averments made in the plaint were denied.