ISRAIL Vs. USMAN

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 20.11.2002, rendered by the Court of Civil Judge (Junior Division), Nuh, vide which it dismissed the suit of the plaintiffs for permanent injunction and the judgment and decree dated 25.09.2004, rendered by the Court of Additional District Judge, Fast Track Court, Gurgaon, vide which it dismissed the appeal.

(2.) SHORN off unnecessary details, the facts relevant for the decision of this appeal, are that the plaintiffs (now appellants) claimed themselves to be the owners in possession of the land measuring 14 kanal 17 marlas, situated within the revenue estate of village Allawalpur, Tehsil Nuh, District Gurgaon. It was stated that earlier the suit land was joint alongwith Panchayat and the same was duly partitioned, and rapat no.103 in the rojnamcha was entered on 15.11.2000. It was further stated that, in this regard, mutation No. 4452 dated 17.01.2001 was also sanctioned. It was further stated that the defendants, being strangers, having no right, title or interest, in the land, in dispute, were bent upon interfering into the peaceful possession of the plaintiffs (now appellants). They were requested a number of times, not to do, but to no avail. On their final refusal to admit the claim of the plaintiffs, left with no alternative, a suit for permanent injunction was filed.

(3.) FROM the pleadings of the parties, the following issues, were framed, by the trial Court on 22.11.2001 :-