- (1.) This appeal is filed by the objector against the order dated 14.05.2012 dismissing the objection filed by the appellant and order dated 28.07.2014 dismissing its appeal.
(2.) In brief, respondent no.1 filed Civil Suit No.273-C of 1996 against respondent no.2 for possession and permanent injunction of a Gair Mumkin plot measuring 1 kanal 11 marlas, comprised in Khewat No.2244/2211, Khatauni No.2677min and Khasra No.4347, situated in the area of Hisar, Tehsil and District Hisar, being the owner on the basis of a registered sale deed dated 05.02.1958. It is alleged in the suit that in the month of August 1993, a dispute arose between the parties regarding the demarcation of the suit property, leading to filing of an application before the Tehsildar, Hisar, for demarcation of the suit property to be conducted by the Kanungo or the Patwari concerned. On the said application, the Kanungo/Patwari concerned went to the spot on 07.08.1993 and in the presence of respondent no.2, demarcated the suit property as a result whereof, respondent no.2 assured respondent no.1 that he would not encroach upon any part of the suit property. It is further alleged that respondent no.2 had an evil eye over the property in dispute because the plaintiff was an absentee landlord and had also filed a suit for declaration claiming himself to be the owner in terms of the family settlement between him and respondent no.1 but could not succeed and then forcibly occupied the suit property in the month of July 1996. As such, cause of action arose to respondent no.1 for retrieving the possession and after refusal of respondent no.2 to hand over vacant possession, the suit was filed which was hotly contested by respondent no.2 alleging that he has been in possession of the suit property for the last more than 20 years and became owner of the same by way of adverse possession, indirectly admitting the ownership of respondent no.1 over the plot in dispute.
(3.) The trial Court decreed the suit by a detailed judgment and decree dated 04.02.2003 holding entitlement of respondent no.1 to possession of the suit property by removing the malba of plot in dispute and respondent no.2 was directed to deliver possession of the suit property to the plaintiff within two months from the date of the judgment. The judgment and decree of the trial Court was further challenged by respondent no.2 by way of an appeal which was dismissed by the District Judge, Hisar on 21.12.2004 and attained finality.;