- (1.) The plaintiff-appellant is in second appeal before this Court.
(2.) Briefly stated, the plaintiff filed a suit for permanent injunction to restrain the defendants from installing a domestic electricity connection in the land measuring 24 kanals 7 marlas comprised in khewat No.7/7, khatauni No.10, rectangle No.1, killa No.17(4-2), 18(5-6), 19(0-7), 24 (8-0), rectangle No.5, killa No.1(0-1), 2(6-16), situated at village Nalvi Kalan, District Karnal (hereinafter to be referred as "the suit land") and further praying to restrain the defendants from raising any construction over the suit land. It was pleaded that the plaintiff along with proforma defendant No.3 was the owner of the suit land as per jamabandi for the year 1998-99. It was stated that defendant No.1 is in illegal possession of the suit land and is, in fact, a trespasser. It was averred that defendant No.1, in connivance with defendant No.2, was attempting to take a domestic electric connection as also wanting to raise construction on the suit land. Faced with such apprehension, the suit had been instituted.
(3.) Upon notice, defendant No.1 filed a written statement stating therein that he was in possession of the suit land in the capacity of a tenant. A domestic electric connection of single phase was required by defendant No.1 for the purpose of running a Toka machine in a kotha which had already been constructed by the defendant on the suit land. As regards raising of construction, he pleaded that no kind of construction as was being apprehended by the plaintiff, was being initiated upon the suit land.;