Mahesh Grover, J. - (1.) The appellants have filed the present appeal against the judgments of the Courts below.
(2.) Brief facts of the case are that the respondents-plaintiffs field a suit for declaration and injunction against the present appellants to the effect that they are owner in possession of the land measuring 2 Kanals 8 Marlas comprised in Khasra No. 413/24/1/1/, Khewat No. 4349, Khatauni No. 5521 and the appellants be restrained from encroaching upon any part of the said land by way of constructing road etc. A prayer for mandatory injunction was also made requiring the appellants to vacate the land in question and to deliver its possession to the plaintiffs-respondents. It was specifically pleaded by the respondents that they were owners of 5 kanals and 18 marlas of land which was subjected to acquisition in the year 1971. Three kanals out of this land was acquired and the area measuring 2 kanals 18 marlas was left out from acquisition. In 1995, the appellants wanted to encroach upon the land of the respondents by constructing a road thereon. It was then that the respondents filed the suit mentioned above.
(3.) The case of the appellants, on the other hand, was that the entire land measuring 5 kanals 18 marlas had been acquired by the Haryana Government and that the possession thereof had been transferred to the Haryana Agricultural Marketing Board (for short, 'the Board') on 26.6.1987 and, therefore, they had every right to raise construction thereon.;