OM PARKASH Vs. JITENDER SINGH AND OTHERS

JUDGEMENT

(1.) Present Regular Second Appeal by the defendant, is directed against the judgment and decree dated 6.5.2009 passed by learned Additional District Judge, Narnaul whereby, first appeal filed by two of the plaintiffs was allowed, reversing the judgment and decree dated 30.11.2006 passed by Additional Civil Judge [Senior Division], Narnaul.

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

(3.) Relevant facts of the case for the purpose of decision of this appeal; that Plaintiffs filed a suit for permanent injunction restraining defendant Om Parkash from interfering in the suit property i.e. 'Gawara' part of Ahata No. 22, marked by letters 'ABCD' as detailed in the plaint. As per plaintiffs, they and their forefathers were in possession of the suit property for the last 80 years and using the same for tethering cattle etc. Defendant has no right to interfere in the peaceful possession, but he is strong headed person and he forcibly wants to take possession forcibly and as such, necessity of the filing the suit.