- (1.) The defendants have come up in second appeal against the judgment and decree of the first appellate Court which, on appeal, reversed that of the trial Court and decreed the suit of the plaintiff-respondent declaring him to be the owner-in-possession of the suit property and restraining the defendant-appellants from interfering in the possession of the plaintiff-respondent. The facts :-
(2.) The parties have been referred in the body of this judgment as they were described in the plaint. The plaintiff claimed to be the owner in possession of the plot bearing No. 52, measuring 18 Marlas situate in the revenue estate of village Khanpur, tehsil Pataudi, district Gurgaon. It was being used as a gat for tethering cattle and keeping fuelwood and fodder. The plot was bounded by a boundary wall of dry bricks. The plaintiff wanted to construct building on this plot. The defendants obstructed him from doing so necessitating the filing of the present suit.
(3.) The defendants denied the material allegations made in the plaint. They denied that the plaintiff was owner in possession of the suit property or that it was used for tethering cattle. They pleaded that the plot in dispute was the frontage of their house and it was bounded by the four pucca walls. No door of the plaintiff's house opened in the disputed property.;