LAWS(P&H)-2019-9-371

MUNNA LAL Vs. OM PARKASH

Decided On September 04, 2019
MUNNA LAL Appellant
V/S
OM PARKASH Respondents

JUDGEMENT

(1.) Briefly stated, facts of the case are that one Balbir Singh, resident of village Jagshi, District Sonepat was owner of land situated at Ashok Vihar Colony, Kutani Road, Panipat; he had sold a plot measuring 150 square yards comprised in khasra No.87 killa No.8(7-0), 13(7-8), 18/1(1-13) total land measuring 16 kanals 1 marla to defendants S/Sh. Dhanender son of Pawan Kumar, Lachman, Munna Lal and Shambhu Nath sons of Raj Kumar, residents of Ashok Vihar Colony, Panipat vide sale deed No. 1092 dtd. 15/5/2001 and he had also sold 6 marla 6 sarsai of land comprised in khasra No.87, killa No.9(7-2), 10/1 (0-14), 10/2(6-3), total land measuring 13 kanals 19 marlas to plaintiff Sh.Om Parkash son of Sh.Maman Ram, resident of village Jalmana, Tehsil Bapoli, District Panipat vide sale deed No. 12927 dtd. 14/3/2007.

(2.) However, the dispute arose between the vendees of the two sale deeds, which was essentially of demarcation. The plaintiff Om Parkash had filed a suit for grant of permanent injunction against defendants - Dhanender, Lachman, Munna Lal and Shambhu Nath, on getting notice defendants No.2 to 4 put in appearance and filed written statement contesting the suit.

(3.) Issues on merits were framed. The parties were afforded adequate opportunities to lead evidence. Tehsildar, Panipat was appointed as Local Commissioner by the Court, who had submitted his report Ex.PW3/A. The trial Court placing reliance upon the report of Local Commissioner Ex.PW3/A, in which it had been observed that the suit land belonging to the plaintiff falls in Killa No. 10/1 and 10/2 of rectangle No.87 and it had been illegally encroached upon by the defendants, decreed the suit of the plaintiff and defendants were restrained from interfering in the ownership rights of the plaintiff over the suit property and from raising any construction over it vide judgment and decree dtd. 14/5/2014.