Raj Mohan Singh, J. - (1.) Plaintiffs are in regular second appeal against the concurrent judgments and decrees passed by the Courts below in a suit for declaration and mandatory injunction.
(2.) Plaintiffs No.1 to 3 claimed that they are owners of the plot having dimensions i.e. East: house of Hans Raj, West: gali, North: plot of Buta Singh and South: plot of Joginder Singh as per site plan Mark B. Plaintiffs No.4 and 5 claimed themselves to be owners of another plot having dimensions i.e. East: house of Pawan Kumar measuring 80', West: gali, North: plot of Harpreet Singh measuring 70' and South: plot of Amar Chand measuring 65' as per site plan Mark C. Plaintiffs pleaded that they and their predecessor-in-interest were old biswedar/owners of the suit property. Adjacent land to the land of the defendant was also under their ownership and possession i.e. East: 17' 6'' gali shareaam; West: 17' 6'' self remaining plot; North: 64 house of Smt. Kalanwanti; South: 64 house of Maghar Mal etc. The house was constructed by the plaintiffs for the purpose of tethering cattles. Plaintiffs further pleaded that proceedings under Section 145 Cr.P.C were initiated and Tehsildar was appointed as Receiver who took possession of the property from the plaintiffs. Ultimately, Sub Divisional Magistrate opined that the matter be tried before the Civil Court.
(3.) The suit was contested by the defendants. Defendant No.1 pleaded that he is exclusive owner of the suit property from the time of his ancestral. Suit property is also the part of property measuring 2 kanals 3 marlas belonging to defendant No.1. On 11.02.2006, revenue authorities got the suit land forcibly vacated from defendant No.1 and throw away his belongingness/domestic material outside the premises in an illegal manner. The electricity and water connections were in the name of the defendants.;