SOMDUTT Vs. KHUSHI RAM

JUDGEMENT

(1.) The suit filed by respondent No.l-plaintiff was decreed by the trial court, vide judgment and decree dated 30.10.2015, and as even the appeal preferred by appellant-defendant No.l against the said decree failed and was dismissed on 19.2.2018, he is before this Court in Regular Second Appeal. Parties to the lis, hereinafter, shall be referred to by their original positions in the suit.

(2.) Plaintiff prayed for injunction restraining the defendants from causing any interference in his possession over the suit property and raising any construction thereupon, and in the event he succeeds then a decree for mandatory injunction be issued restoring the site to its original position. In brief, the case set out by him was that Nandram had inherited a land comprised in khasra No. 493 (0-6), situated in village Bhadawas, Tehsil and District Rewari, from his father, namely Kaluram. The suit property was sold by Nandram to the plaintiff, pursuant to an agreement dated 27.11.1995 for a consideration of Rs. 2,000/-, and possession thereof was handed over to him. Where after, he constructed the said site and raised rooms, kitchen etc. A portion thereof was left as vacant space towards North and South direction for tying cattle. The description of the property along with its boundaries were reflected in the cause title of the plaint. However, defendants No.l and 2 intended to dig foundation in the area shown in red colour in the site plan and raise construction, even though they had no right, title or interest in the suit property. Thus, the suit.

(3.) In the written statement filed by defendants No.l and 2, they claimed to be the owners in possession of the suit property. They had even raised a boundary wall. Further, even if the plaintiff had purchased the suit property from Nandram, pursuant to any agreement, he ought to have got it registered. Therefore, the plaintiff could not claim title on the basis of the said document. Hence, the suit was liable to be dismissed.