SATBIR Vs. RAMESHWAR

JUDGEMENT

(1.) Defendant No.1 is in Second Appeal against the judgment of reversal; whereby suit filed by the plaintiffs/respondents No.1 and 2 herein for mandatory injunction alongwith consequential relief of permanent injunction, although dismissed by learned Trial Court, has been decreed by the First Appellate Court.

(2.) The pleaded case of the plaintiffs/respondents No.1 and 2 herein, is that they are the owners in possession in equal shares of plot measuring 6M, in Khasra No. 99 as gair mumkin plot (hereinafter referred to as "suit land") as described in the plaint. It was alleged that defendants No.1 and 2 in association with other persons are bent upon illegally occupying the suit property. It was further alleged that defendant No.3 Gram Panchayat had encroached upon the suit property to the extent of area measuring 54 x 13 sq.ft. by constructing rasta upon the same as per Demarcation Report dtd. 29/8/2011. Despite repeated requests, defendant No.3 has refused to remove the encroachment and had ultimately refused to accept the demand of the plaintiffs. With these pleadings, present suit was filed on 21/9/2011.

(3.) Upon appraisal of the pleadings and the evidence led by the parties, the learned Civil Judge (Senior Division), Jhajjar had dismissed the suit of the plaintiffs vide judgment and decree dtd. 14/5/2015 on account of the fact that: possession of the plaintiffs was not proved over the suit property as plaintiff in his cross-examination had stated that defendants have encroached upon the land in September, 2012. It was held that as it was admitted by the plaintiff No.1 as PW1 that present suit was filed after defendants had encroached upon the suit property; and therefore, the plaintiffs were required to file suit for possession.