L.N.MITTAL,J. - (1.) C. M. No. 511-C of 2011 : For reasons mentioned in the application, which is accompanied by affidavit, delay of 93 days in re-filing the appeal is condoned. Application stands allowed accordingly.
(2.) C. M. No. 512-C of 2011 : Allowed as prayed for. Main Appeal : Plaintiff Devinder Singh, having been non-suited by both the courts below, has filed this second appeal. Plaintiff-appellant Devinder Singh filed suit against defendant Amar Chand (since deceased and represented by respondents as his legal representatives) for permanent injunction restraining the defendant from interfering in peaceful possession of the plaintiff over the suit plot described by boundaries in head note of the plaint. The plaintiff alleged that he is owner in possession of the suit plot having purchased it from Raj Kumar vide agreement dated 03.03.1993 and has built foundation walls around it and spent more than Rs.20,000/- on filling earth in the plot. Raj Kumar had purchased the plot from Harpal Singh vide agreement dated 19.11.1989. Defendant, without any right, title or interest in the suit plot, tried to interfere in the possession of the plaintiff, necessitating the filing of the suit.
(3.) THE defendant broadly controverted the plaint averments and pleaded that defendant is owner in possession of the suit land, which is comprised of khasra no.242/37, having purchased it from Birpal Singh, vide sale deed dated 11.07.1989. The defendant got the said land demarcated and then raised boundary wall, without objection from anybody. Plaintiff's site plan was alleged to be wrong as no such site existed at the spot. The plaintiff tried to take possession of the defendant's land. It was also alleged that neither Harpal Singh nor Raj Kumar was owner of the suit land.;