AJMER SINGH Vs. MEGH NATH

JUDGEMENT

(1.) Present regular second appeal, filed by plaintiff, against judgment & decree dated 26.5.2009, passed by learned Additional District Judge, Kurukshetra, whereby judgment & decree dated 16.12.2008, passed by learned Additional Civil Judge (Senior Division), Kurukshetra was set aside.

(2.) For the sake of convenience, parties are being referred to as per their status before the Court of first Instance.

(3.) Relevant facts for the purpose of decision of the present appeal that plaintiff had filed suit for possession of the suit property bearing khasra No. 21/5 by way of demolishing and dismantling the illegal construction and structure raised by the defendant thereon. As per plaintiff, he was recorded as joint owner in joint possession of total land measuring 5 marlas gair mumkin plot comprised in khasra No. 21/5 situated at village Partapgarh, Tehsil Thaneser as per jamabandi for the year 1999-2000. Plaintiff had raised construction of parali, goharas and installed khuntas therein and also constructed Chabutra of Peer for worship as well. Defendant has no right, title or interest in the suit property. Defendant is neither co-sharer in the suit property nor has any concern therein. But defendant, being high handed and influential person, wanted to grab the suit property of the plaintiff by taking forcible and illegal possession by raising construction of houses thereon. Plaintiff had filed suit for permanent injunction against the defendant titled as "Ajmer Singh v. Megh Nath" and during the pendency of the said civil suit for permanent injunction, defendant dispossessed the plaintiff from the suit property. The construction raised and encroachment made by the defendant on the suit property is illegal and void. Defendant has no legal right to retain possession of the suit property and oral requests of the plaintiff were of no avail and as such suit for possession.