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2023 Supreme(P&H) 167

SANJAY VASHISTH
Rajender – Appellant
Versus
Vijay Pal – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Ajay Jain, Advocate

JUDGMENT :

SANJAY VASHISTH, J.

1. Present Regular Second Appeal (RSA) has been filed by the defendants (appellants herein) against the concurrent findings of decreetal of suit by the Courts below, in favour of the plaintiffs (respondents herein).

2. Suit filed by the plaintiffs – Vijay Pal and Smt. Chandro, is for seeking a decree of mandatory injunction and permanent injunction by claiming that they are owners in possession of Khasra No.80 (1-4), comprised in Khewat No.116 and Khatauni No.130, situated in the revenue estate of village Dharan, Tehsil Bawal. Plaintiffs sought injunction for restraining the defendants from interfering in their possession. Plaintiffs also sought for a decree of mandatory injunction, in case, defendants succeed to encroach upon and raise construction over the portion of the suit property.

3. In the written statement filed by the defendants, fact pleaded by the plaintiffs in their plaint that they are owners in possession of the land in question, which is ancestral one, was disputed, rather, a plea of adverse possession was taken by alleging that a pucca wall had been constructed by the defendants about 30 years back, and the construction of four pucca room

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