ARUN KUMAR Vs. DAULAT RAM

JUDGEMENT

(1.) The present appeal has been directed against the consistent findings recorded by the courts below whereby suit filed by Laxmi Narain (represented by his legal representatives including the appellants) for permanent injunction was dismissed. The counter claim preferred by the respondents was decreed.

(2.) For the sake of convenience, the parties shall be described as plaintiff and defendants.

(3.) The plaintiff filed a suit for permanent injunction on the allegations that he is in cultivating possession of the suit land measuring 6 kanals 3 marlas situated within the revenue estate of village Mujafra Tehsil Pataudi, District Gurgaon since the time of his forefathers for more than 100 years and the defendants have no right, title or interest in the same. The land in dispute was given to ancestors of the plaintiff by forefathers of the defendants who made the same cultivable and no rent was to be paid. There was a contract not to eject forefathers of the plaintiff who had been paying land revenue and had been continuously cultivating the land without any interference. In case the plaintiff and his forefathers are not proved to be tenants, the plaintiff has become owner of the suit land by way of adverse possession.