- (1.) This judgment would dispose of afore-mentioned ten revisions because common question of law and facts is involved in all the petitions. These plaintiffs' revisions are directed against the orders dated December 24 nd , 2009 passed by Additional District Judge, Jhajjar affirming the orders dated November 3 rd , 2009 of Civil Judge (Junior Division), Bahadurgar whereby application filed under Order 39 Rules 1 and 2 of the Code of Civil Procedure along with the suit for declaration and permanent injunction restraining the defendants from taking possession of the plot detailed in paragraph No.3 of the plaint owned and possessed by his fore-fathers since 70/80 years ago, was dismissed.
(2.) It was pleaded that the land described in the plaint measuring 35 kanals situated in village Nilothi, Tehsil Bahadurgarh was in possession of non-proprietor Harijans of the village and they constructed their houses and ghairs (place for tethering cattle). The land was allotted to the Gram Panchayat by the Consolidation Authorities for allotment to the non-proprietor Harijans of the village. Non-proprietors Harijans filed suit for possession by way of partition wherein preliminary decree was passed by the Civil Court, Bahadurgarh on November 14 th , 1985 and the final decree was passed on May 9 th , 1990. In view of the said decree, non-proprietor Harijans were allotted plots as per Khatoni Taksim as find mentioned in the impugned order dated November 3 rd , 2009.
(3.) By fling the present suit, plaintiffs seek annulment of the decree and sought permanent injunction restraining the defendants from interfering in his possession over the plot. Both the Courts below dismissed the applications observing that plaintiffs failed to prove that prima facie case is made out and that balance of convenience lies in their favour.;