RAJ MAL AND OTHERS Vs. GULZARI AND OTHERS

JUDGEMENT

(1.) Present Regular Second Appeal is directed against the concurrent findings of both the Courts below, whereby, suit filed by the plaintiffs [respondents herein] for possession of the suit property was decreed by the Court of First Instance vide judgment and decree dated 11.06.1987. The appeal filed by the present appellants was dismissed by learned Additional District Judge, Bhiwani vide judgment and decree dated 28.04.1988.

(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 the plaintiffs filed a suit for possession in respect of the suit land comprising in Khewat No. 121, Khatoni No. 371 and Khasra No. 376 measuring 29 Bigahs 2 Biswas, situated within the revenue estate of Village Sandwa, Tehsil Siwani, District Bhiwani owned by the plaintiffs and proforma respondents. Chandgi died and thereafter plaintiff and proforma respondents and their legal heirs were impleaded. Defendants are also residents of the same village Sandwa and their land is in the abadi which is adjoining the agricultural land of the plaintiffs and is comprised in Khasra No. 376. The plaintiffs suspected that the defendants may encroach upon their land and got the demarcation done through Tehsildar with the help of Kanungo. Spot inspection was done by the Kanungo on 27.8.1982 and the report was submitted and it was found that the defendants were in unauthorized possession on the part of agricultural land of the plaintiffs as shown in letters ABCD in red colour, measuring 1 Bigha and 4 Biswas. Request was made to the defendants to remove the unauthorized possession over the suit land, but to no effect and as such necessity of the suit.