DHAN SINGH AND ORS. Vs. RAJINDER AND ORS.

JUDGEMENT

(1.) Feeling aggrieved against the impugned judgment and decree dated 02.11.2012 passed by learned Additional District Judge, Palwal, allowing the appeal of the defendants, setting aside the judgment and decree dated 23.03.2011 passed by learned trial Court, decreeing the suit for permanent injunction, the plaintiffs have approached this Court by way of instant regular second appeal.

(2.) Brief facts of the case, as noticed by learned trial Court in para 1 of its impugned judgment, are that Sh. Dhan Singh etc, the plaintiff, filed the suit claiming themselves to be in cultivating possession of the land measuring 16 kanals 5 marlas as detailed in para No. 1 of the plaint (hereinafter called the suit property) as tenants. Prior to the plaintiffs, Sh. Pyare Lal, the father of the plaintiffs, was the tenant in possession over the suit property under the defendants on payment of ⅓rd of farm produce for more than 50 years. The plaintiffs have sown wheat crop in the suit property. The defendants are forceful person and they intend to dispossess the plaintiffs without any right. Despite repeated requests when the defendants did not desist from their illegal act, the plaintiffs are constrained to file this suit seeking a decree for permanent injunction restraining the defendants from interfering in their peaceful possession and from destroying their crop over the suit property.

(3.) Having been served, defendants appeared and filed their contesting written statement, raising more than one preliminary objections. On completion of pleadings of the parties, learned trial Court framed the following issues:-