R.L.ANAND, J. - (1.) UNSUCCESSFUL plaintiff has filed the present appeal and which has been directed against the judgment and decree dated 16.12.2000 passed by the Addl. District Judge, Faridabad, confirming the judgment and decree dated 30.8.1999 of the trial Court vide which the suit of the plaintiff for permanent injunction was dismissed.
(2.) THE case set up by the plaintiff in the trial Court was that he and his forefathers being Snake Charmers by caste were residing in Tilpat, as residential plot measuring 144 square yards was given to him out of Khasra No. 148 (8 kanals 18 marlas). Thus, he is in possession of the said property. The defendants are strangers and want to interfere in his possession. The suit was contested by the defendants on the plea that the plaintiff has no right, title or interest in the suit property and there is no allotment in favour of the plaintiff as alleged by him.
(3.) WITH these pleadings, the trial Court framed the following issues :- 1. Whether the plaintiff is owner and in possession of the disputed land detailed in para 1 of the plaint ? OPP 2. Whether the defendants are residing in District Hissar ? OPP 3. Whether the plaintiff has no cause of action to file the present suit ? OPD 4. Whether the plaintiff is estopped from filing the present suit by his own acts and conduct and misbehaviour ? OPD 5. Whether the suit of the plaintiff is not maintainable ? OPD 6. Relief. The parties were given opportunities to lead evidence and vide judgment and decree dated 30.8.1999, the suit of the plaintiff was dismissed by the trial Court.;