Rakesh Garg, J. - (1.) THIS is defendants' second appeal challenging the judgment and decrees of the Courts below whereby the suit of the plaintiff -respondents for declaration with consequential relief of permanent injunction has been decreed whereby the plaintiffs have been declared to be the owners of 30 Eucalyptus trees standing over the land of the plaintiff -respondents and the defendants are restrained from cutting away these disputed trees in any manner.
(2.) IT is the case of the plaintiffs that the land in dispute is owned and possessed by them and the defendants have nothing to do with it. They had planted a number of trees in the land in question. They planted 30 Eucalyptus trees in Khasra No. 23, killa Nos. 18/2 and 23/2 within three feet from the 'Dol'. Now, those trees are fully grown up and the defendants without any right, title or interest have not only put number on those trees but are also claiming the same. The cause of action for filing the present suit accrued when the defendants tried to cut away the trees illegally and forcibly. The defendants contested the suit by taking various legal objections. On merits, it was stated that the disputed trees were planted, nourished and protected by the Forest Department by incurring huge expenditure. These trees were planted in the months of June and July, 1984 in augmentation canal which has now been declared as protected forest vide Haryana Government Notification No. S.O. 49 C.A. 16/27.S.29/79 dated 27.4.1979. The defendants are competent to cut away the grown up trees. They have prayed for dismissal of the suit with exemplary costs.
(3.) AFTER evaluating the evidence and hearing the learned Counsel for the parties, the trial Court vide judgment and decree dated 7.3.2008 decreed the suit of the plaintiffs.;