DARSHAN SINGH,J. - (1.) The present appeal has been preferred against the judgment and decree dated 02.03.2015 passed by the learned Additional District Judge, Sonepat, whereby the appeal filed by appellants-plaintiffs against the judgment and decree dated 16.09.2011 passed by the learned Civil Judge (Jr. Division), Sonepat, has been dismissed.
(2.) Appellants-plaintiffs filed the suit for declaration to the effect that appellants-plaintiffs no. 1 to 5 are owners in possession of ? share and appellants-plaintiffs no. 6 to 10 are owners in possession of ? share of the land measuring 2 kanals detailed and described in the head note of the plaint situated in the revenue estate of village Patla, Tehsil and District Sonepat. They also prayed for the consequential relief of permanent injunction restraining the defendants from interfering in their peaceful possession and from changing the nature of the land from agriculture to commercial/residential or in any manner.
(3.) As per averments in the plaint, the predecessors of the appellants-plaintiffs were in cultivating possession of the suit land even prior to the consolidation in the year 1943-44 i.e. for more than two generations. Similarly, predecessors-in-interest of the persons mentioned in para no.2 of the plaint were also in possession of the land. The persons mentioned in para no.2 of the plaint and the father of plaintiffs no. 1 to 5 and grandfather of plaintiffs no. 6 to 10 had become the owner of the land as per the provisions of the Punjab Occupancy Tenants (vesting of proprietary rights) Act, 1953 (for short 'Act of 1953') as they had acquired the status of the occupancy tenants as per Section 5 of the Punjab Tenancy Act, 1887 (for short the Tenancy 'Act'). It is further pleaded that later on the aforesaid persons exchanged their land which is reflected in jamabandi for the year 1955. The predecessor-in-interest of the plaintiffs came in possession of the suit land as owners and the persons mentioned in para no.2 of the plaint came in possession of the land comprised of Rect./Killa No. 24//22/2. Defendant no.1 has purchased the suit land along with other land vide registered sale deed dated 18.02.2005 containing the recitals regarding delivery of possession, which is contrary to the spot as the appellants-plaintiffs continues to be in possession of the suit land. Defendant have threatened to dispossess them from the suit land forcibly and illegally. Hence the suit.;