HARI RAM Vs. BHARAT SINGH

JUDGEMENT

(1.) THIS is plaintiff's regular second appeal. Plaintiff filed a suit for permanent injunction and in the alternative for possession.

(2.) BRIEFLY put, it is the case of the plaintiff that he is owner-in- possession since the time of his forefathers of a Gitwar shown by letters 'ABCD' in red colour in the site plan situated in village Amboli, Tehsil Kosli, District Rohtak. According to the plaintiff there is a boundary wall around this Gitwar, which is at a height of 1 ft. to 4 ft. at different places. There are kikkar trees, Bitora, Chhan, Khunte etc. and that the plaintiff is using it for his residential purposes. According to the plaintiff this property came to him from his grand-father Bhani, comprised in Khewat No. 45, Khasra No. 135 during the consolidation of holdings in the village in the year 1979. Since the defendant without having any right had started interfering in his peaceful possession, hence the present suit.

(3.) ON the pleadings of the parties, the following issues were framed:-