KIRAN PAL Vs. RAJENDER

JUDGEMENT

(1.) The present appeal directs challenge against concurrent findings of fact recorded by the courts whereby suit for permanent injunction filed by the respondent-plaintiff was decreed by the trial court vide judgment and decree dtd. 27/11/2012 and appeal preferred by unsuccessful defendants-appellants came to be dismissed by the Additional District Judge, Mewat.

(2.) The respondent-plaintiff claimed himself to be in possession of residential plot, detailed in para 1 of the plaint being proposed vendee under agreement of sale dtd. 14/8/2007 executed by Sh. Hazari Lal son of Hari Singh defendant No. 1. It is averred that defendants are threatening to dispossess the plaintiff from suit land and they should be restrained from interfering in possession of suit property by the respondent-plaintiff.

(3.) Defendant No. 1 was proceeded against ex parte. The suit was contested by defendants No. 2 to 7 including the present appellants. They filed written statement raising preliminary objections regarding cause of action, locus standi, concealment of facts etc. They controverted the allegation that the respondent is the owner and in possession of suit property with the averments that they are in continuous possession of suit property for the past more than 40 years. They are regularly paying chullah tax of suit property to gram panchayat and have constructed boundary walls and other structures over the suit property. They have installed fodder cutting machine over suit property and plaintiff has no concern with the same. They have also filed counter claim claiming themselves to have become owner of suit property on the basis of adverse possession. It is further averred that they are residing in the suit property. They have constructed tin shed and other structures over it. Agreement dtd. 14/8/2007 is a false and forged agreement and plaintiff is threatening to dispossess the defendants from the suit property.