L.N.MITTAL, J. - (1.) DEFENDANT-Ram Phal having lost in both the courts below has filed the instant second appeal. Respondent-plaintiff Vikash filed suit against defendant-appellant alleging that plaintiff is owner in possession of the suit house which is his ancestral house. However, when the plaintiff started repairing wall of the said house, defendant threatened the work force who, therefore, fled away.
(2.) ACCORDINGLY, plaintiff sought permanent injunction restraining the defendant from interfering in peaceful possession of the plaintiff over the suit property & from obstructing repairs therein. The defendant alleged that he had earlier filed suit against plaintiff's father and predecessor regarding 12 marlas land of Killa No.106/17/6 wherein both parties made statement that if on demarcation, any unauthorized possession is found by either party, the same would be abandoned in favour of the other party. Accordingly demarcation was got effected and plaintiff's father was found to be in unauthorized possession of 60 square yards land of the defendant. Various other pleas were also raised.
(3.) LEARNED Additional Civil Judge (Senior Division), Rohtak vide judgment and decree dated 11.12.2007 decreed the plaintiff's suit. First appeal preferred by defendant stands dismissed by learned Additional District Judge, Rohtak vide judgment and decree dated 29.07.2008. Feeling aggrieved, defendant has filed the instant second appeal. I have heard learned counsel for the appellant and perused the case file.;