- (1.) There is delay of 75 days in filing the appeal. In view of the reasons mentioned in the application, the delay in filing the appeal stands condoned. C.M. stands disposed of accordingly. Main appeal. Plaintiff/appellant has directed the present regular second appeal against the judgment and decree dated 7.4.2011 passed by Ms. Ritu Garg, Additional District Judge, Sonepat vide which the appeal preferred by Hardeva for himself and as legal representative of deceased Saheb Singh against the judgment and decree dated 11.8.2009 passed by Shri Mohit Aggarwal, PCS, Civil Judge (Junior Division), Sonepat was dismissed.
(2.) Briefly stated that Sahab Singh now deceased and Hardeva filed a suit for injunction against the defendants with the allegations that plaintiff are in cultivating possession of agriculture land as detailed in para No.1 and 2 of the plaint. It is alleged that they are in possession of half share of land falling in Killa No.22/20/1 measuring 2 kanals 9 marlas and Rect./Killa No.22/10 measuring 8kanals total 9 kanals 5 marlas as tenant on 1/3 rd Batai (share) since the time of their forefathers. It is stated that plaintiff have sown wheat crop in the suit property. It is further alleged that Lichmi Devi (since deceased) had bent upon to take forcibly possession of the suit property from the plaintiff of which she had no right. Lichmi Devi has since died and her legal representatives are also brought on the record as defendants.
(3.) On put to notice, defendant appeared and contested the suit. Lichhmi deceased appeared in the Court and filed written statement taking up preliminary objections of maintainability of the suit, cause of action and without locus standi.;