Rakesh Kumar Garg, J. - C.M. No. 9853-C of 2008. For the reasons recorded in the application, delay of 3 days in filing the appeal is condoned.

C.M. stands disposed of.

R.S.A. No. 3306 of 2008 (O&M)

This is defendants second appeal challenging the judgment and decrees of the Courts below whereby the suit of the plaintiff-respondent for permanent injunction restraining the defendants from cutting and removing the Safeda trees standing in hi land has been decreed.

It has been averred by the plaintiff that he is owner in possession of the land comprised in Khewat No. 144, Khatoni No. 189, Khasra No. 80 (2-6) Bag Barani situated in Village Ganola, Tehsil-Chhachhrauli, District-Yamuna Nagar and he had planted near about 15 Safeda trees in the suit land, out of which 11 trees have already elapsed and four safeda trees are standing therein, which have been looked after and nourished by the plaintiff. Although, these trees have been planted by the plaintiff in his own land, but the defendants have unauthorisedly marked their demarcation numbers of ownership on the said trees and they wanted to cut and remove these trees without any authority. It has been further averred by the plai