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2014 Supreme(P&H) 118

RAKESH KUMAR GARG
Subhash – Appellant
Versus
Ram Avtar – Respondent


Advocates:
For the Appellant:Mr. R.K. Gupta, Advocate.

JUDGMENT

Mr. Rakesh Kumar Garg, J.:- The plaintiff-appellant Subhash filed the instant suit seeking following relief:-

“Suit for injunction prohibitory and mandatory to the effect that the plaintiff is owner in possession of agri. land measuring 34K-8M bearing khasra No.5031 which has been shown in red colour in the site plan aksh sijra at the time of his fore-fathers situated in Hissar, Distt. Hisar. Plaintiff has constructed a wall Mark AB in southern side and kotha and tubewell in the disputed land and he has sown jawar. Defendant has no right or concern with the aforesaid land. Defendant be restrained from demolishing the southern wall, construction and dispossessed forcibly and illegally and interference from the land. On the basis of evidence oral as well as documentary of all types.”

2. The facts as per the averments made by plaintiffappellant are that he is in possession of suit land as owner Hasab Rasad Kabja and is in cultivating possession of the appellant since the time of his forefathers. It is the case of the plaintiff-appellant that he constructed a wall towards the Southern side of the suit land and had also constructed a kotha at the spot in the suit land and also
































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