Date of decision: 21^st October, 2013

Devinder Singh

Appellant

Versus

Jai Singh and others

Respondents

! "#$$

1.

Whether Reporters of Local Newspapers may be allowed

to see the judgment?

2.

Whether to be referred to the Reporters or not?

3.

Whether the judgment should be reported in the Digest?

Present:

Mr. R.S. Mamli, Advocate for the appellant.

$$%#

CM No.95930C of 2012

For the reasons mentioned in the application, which is

supported by an affidavit, delay of 12 days in filing the appeal is

condoned.

The application stands disposed of.

RSA No.3604 of 2012 (O&M)

This is defendant9s regular second appeal challenging the

judgments and decrees of the Courts below whereby suit filed by

plaintiff0respondent for permanent injunction was decreed restraining

Singh Rattan Pal

2013.10.24 16:50

I attest to the accuracy and

integrity of this document

Punjab & Haryana High Court

2

the defendants from dispossessing him from the suit land forcibly and

from interfering in his peaceful possession over suit land.

Plaintiff9s case, in brief, is that he is owner in possession of

a room, sehan and vacant land, as detailed and described in para No.1

of the plaint and suit land, shown with red colour and marked with

letters ABCD in the site0plan, is part of that land, which is brick, paved,

which includes foundation and a hand0pump has also been got installed

there. There is a kucha, which goes only upto the land of Ram Singh,

adjacent to the land of defendants in the same width and a drain has

been constructed by Gram Panchayat near the said kucha. Plaintiff

further pleaded that he is an illiterate and poor person, whereas

defendant No.1 has been posted as Additional District Attorney at

Ambala and both defendants No.1 and 2 having illegal designs with the

help of their cousin, who is Sarpanch of defendant No.30Gram

Panchayat, want to take possession of suit land forcibly as their houses

are situated on both the sides of the suit land and four days prior to

filing of instant suit, defendants along with police had visited the suit

land and tried to dispossess the plaintiff, but they could not succeed in

their illegal designs due to intervention of villagers. Plaintiff requested

the defendants to desist from their illegal activities, which remained

barren of results. All these facts and circumstances culminated in

institution of the suit by the plaintiff.

Defendant0appellant contested the suit contending that

plaintiff was neither owner nor in possession of the suit land and under

the garb of this suit wants to encroach upon the suit land which is a

Singh Rattan Pal

2013.10.24 16:50

I attest to the accuracy and

integrity of this document

Punjab & Haryana High Court

3

public street. It was further contended that suit land is a gali sare0aam

and near the house of plaintiff, width of street is 19 feet, and thereafter,

its width is 18 feet 8 inches and then 9 feet 6 inches. The Government

of Haryana through Block Development and Panchayat Officer

(hereinafter referred to as 8BDPO9) had got prepared the site0plan and

field book of village as per which, house of plaintiff has been marked as

No.423 and now plaintiff wants to include the portion of street in his

house. They further contended that plaintiff is only in possession of a

room, which was owned by one Harnek Singh, who had delivered the

possession of said room to plaintiff in the month of May, 2003 and there

is no door of said room towards the street. Further, said Harnek Singh

had also got installed a hand pump in the street and bricks were got

paved by Gram Panchayat many years ago. They further contended

that drain, which is pacca one, exists in the street, which was got

repaired