NATHI SINGH AND OTHERS Vs. DHRAM PAL SINGH

JUDGEMENT

(1.) Un-Successful defendant-appellants after losing in two Courts, have approached this Court by way of this Regular second Appeal, challenging the judgment and decree dated 29.04.2017 of the Ist Appellate Court, affirming the judgment and decree of the trial Court dated 09.01.2015, whereby suit of the respondent-plaintiff for possession with consequential relief of permanent and mandatory injunction in the alternative, was decreed in toto with costs.

(2.) Briefly stated, respondent-plaintiff purchased 2 kanals of land situated in the revenue estate of village Machgar, Tehsil Ballabhgarh, District Faridabad, vide registered sale deed in the year 1977 and was in possession of the same since 02.12.1977. Mutation No.1574 dated 25.03.1980, was also sanctioned in his favour. However, in the month of July, 2002, the appellants and one Bijendri started raising wall in the Southern side of Khasra No. 10/1/1/3 and 10/3/4 by 8 feet in the Eastern side and 10/ feet in the western side of Rect. No. 33 to the length of 14 karam, owned by the respondent-plaintiff, illegally and forcibly by encroaching upon a area measuring about 85 square yards, as per demarcation report dated 17.12.2002. On asking of the respondent-plaintiff, the appellants did not refrain themselves from raising wall illegally, forcing the respondent-plaintiff to file a suit for possession with consequential relief of permanent and mandatory injunction, against the appellants and one Bijendri wife of Kanwar Singh.

(3.) After due notice and holding trial, the learned trial Court decreed the suit in toto vide judgment and decree dated 09.01.2015.