JUDGMENT

Mr. Sanjay Vashisth, J. (Oral)

Present regular second appeal has been filed by the appellants (defendants) against the concurrent findings recorded by the Courts below, whereby, suit for permanent injunction was decreed in favour of the plaintiff (respondent herein).

2. As per the facts pleaded in the plaint, plaintiff along with other co-sharers are joint owners in possession of the agricultural land comprised in Khewat No.46, Khatoni No.53, Rect. No.13, Killa No.10(8-16), 11(6-18), 12(1-14), 19(6-13), 21(8-0), 22(7-2), Kita 6 measuring 39 Kanals 3 marlas situated in the Revenue Estate of Village Kanuka Tehsil and District Rewari vide Jamabandi for the year 2001-2002.

3. The appellants (defendants herein) are owners in possession of Khewat No.48, Khatoni No.55, Rect. No.14, Killa No.15/2/2 (1-17), 16/2 (8-0), 17/2(5-18), 23(8-0), 24(8-0), 25(8-0), Kita 6 measuring 39 Kanals 15 Marlas its 1/48th share i.e. 17 Marlas and Khewat No.39, Khatoni no.46, Rect. No.13, Killa no.8/2/2(0-12), 9/2/1(1-3), 9/2/3(2-0), Kita 3 measuring 3 kanals 15 Marlas its 1/24th share and Khewat No.45, Khatoni no.52, Rect no.14, Killa no.8(8-0), 9(8-0), 14/1 (7-18), Kita 3 measuring 23 Kanals 18 Marlas its 10/478th share i.e. 10 Marlas, total measuring 1 Kanal 10 Marlas situated in the revenue estate of Village Kanuka, Tehsil and Distt. Rewari vide sale deed bearing vasika no.1037 dated 23.08.2007. The defendants purchased the above said land from the plaintiff. However, the defendants are interfering in the peaceful possession of the plaintiff and making construction over land comprised in khewat No.36, khatoni no.53 in the Rect. no.13, Killa no.10 without any right title and interest to do so. Thus, it is pleaded in the plaint that in case, defendants succeed in their illegal act by interfering in the peaceful possession of the plaintiff and dispossessing them, irreparable loss would be suffered by them.

4. In the written statement, apart the preliminary objections, on merits, it is pleaded by the defendants that under the garb of selling the land in question, plaintiff extorted huge amount from the defendants and delivered the actual physical and peaceful possession of only 3 Kanals of land, just adjacent to the road comprised in Killa No.10 of Rect No.13, to the defendants and since then, the defendants are in continued actual physical and peaceful possession of the land in question,which is in the notice and knowledge of the plaintiff and other co-owners. Some part of the land was pleaded to be acquired by the State Government. It is also pleaded in the written statement that for total sale consideration of Rs.3,80,000/-(Three lacs, eighty thousand), 3 Kanals of the land was contracted to sell out by plaintiff-Vasudev on 28.06.2006. The said contract was infact in the shape of a receipt, which was duly witnessed by plaintiff's real brother, namely, Samunder Singh. Defendant No.2 was put in possession by receiving Rs,3,70,000 (Three lacs, seventy thousand) as token amount, while Rs.10,000/- (Ten thousand) was agreed to be paid at the time of Registration/transfer.

5. Defendant No.2 by way of counter claim pleaded that on 28.06.2006, out of the land comprised in Khewat No.46, as per Jamabandi for the year 2001-2002, plaintiff agreed to sell 3 Kanals of agricultural land just adjacent to the road in favour of the defendants for a total sale consideration of Rs.3,80,000/- and received Rs.3,70,000/-(Three lacs, seventy thousand) as earnest money against the receipt dated 28.06.2006.

6. Plaintiff separately filed reply to the said counter claim, denying the stand taken by the defendants.

7. Vide order dated 17.07.2014, trial Court frame