Judgment

Mr. H.S. Madaan, J.

Briefly stated facts of the case are that plaintiff Gopal Inder Singh, Surinder Singh sons and Amrit Kaur wife of late Surjit Inder Singh, had brought a suit against defendant Ghashi son of Sheo Chand, seeking possession of a plot fully detailed in headnote of the plaint, situated within revenue estate of Village Khera Khemawati, Tehsil Safidon, District Jind after ordering demolition of the ghair, khor and all other types of construction.

As per case of the plaintiffs, they are owners of the plot in dispute. In a suit earlier filed by defendant regarding this very plot, the Court of Sub Judge, Ist Class, had held the plaintiffs to be owners of the plot, however, the plaintiffs were asked to take possession of defendant in due course of law, vide judgment and decree dated 03.06.1983 upheld by Ist Appellate Court on 24.08.1984. The plot in dispute is in the shape of ghair and is in the front portion of the building of the plaintiffs. The water from house of plaintiffs flow through this side and there is an obstruction in the flow. The possession of defendant over the plot in dispute is unauthorized, therefore, he is liable to vacate the same.

2. On notice,