R.L. Anand, J. - (1.) THERE is delay of 80 days in refiling the appeal which is hereby condoned.
(2.) ON merits, 1 have heard the learned counsel for the appellants and with the his assistance, have gone through the record of the case. The unsuccessful plaintiffs have filed the present appeal which has been directed against the judgment and decree dated 23rd February, 2001 passed by the Court of Additional District Judge, Jagadhri who affirmed the judgment and decree dated 17th August, 1998 passed by the Court of Additional District Judge (Senior Division), Jagadhri, who dismissed the suit of the plaintiffs for permanent injunction.
(3.) SOME facts can be noticed in the following manner; The plaintiffs filed a suit for permanent injunction alleging that they are owners in possession of the suit property marked as ABCD in the site plan, measuring 61" x 22" along with construction raised thereupon, situated at village Malakpur Bangar, by virtue of registered sale deed for a valuable consideration but the defendants are adamant to dispossess the plaintiffs from the suit property illegally and forcibly, of which they have no right, title, interest or concern whatsoever. The suit was contested by the defendants. They pleaded that they are owners in possession of the suit property since the time of their ancestors and they are using the same for tethering their cattle and for storing fuel wood and fodder etc. The alleged sale deed in favour of the plaintiffs in null and void, non est , inoperative, non -existent and not binding upon the defendants. The plaintiffs have no locus standi to file the present suit because they are neither owners nor in possession of the suit property and the present suit is not maintainable.;