LAKHI RAM Vs. HAWA SINGH AND ORS.

JUDGEMENT

(1.) The plaintiff is in second appeal aggrieved against the judgment and decree passed by the Courts below whereby suit for injunction was partly dismissed except in respect of the area marked as ABCD, as shown in the site plan exhibit P -1.

(2.) The plaintiff -appellant filed a suit for permanent injunction alleging therein that he is owner in possession of the property measuring 850 square yards. On 380 square yards, the plaintiff has constructed his residential house and three shops, whereas the remaining 470 square yards is lying open. A boundary wall has been constructed by the plaintiff over it and there is a Shisham tree. The open land is being used by the plaintiff for tethering his buffalos and making dung cakes etc. and thus, the plaintiff is entitled to protect his possession over such land.

(3.) Initially, the suit was filed against Hawa Singh -defendant No. 1 who is none else, but the father in -law of the plaintiff. Defendant No. 2 is Dharam Chand who has sold the property to defendant No. 3 -Gian Chand vide registered Sale deed dated 5.11.1990. Defendant No. 3 was impleaded as additional defendant vide order dated 5.8.1996 who sold a part of the land to Hawa Singh vide sale deed dated 19.12.1991.