RAM SINGH Vs. AMAR SINGH

JUDGEMENT

(1.) This is a plaintiff's second appeal arising out of a suit for permanent prohibitory injunction.

(2.) This appeal was admitted to hearing on 1stof April, 1997 on the sole substantial question of law, to wit: "Whether on the basis of positive averments in the written statement of the defendants that they were owner of the suit property on the basis of the Will and were in possession of the suit property as against the plaintiff's case of the title and possession, lower appellate Court should have dismissed the suit on the mere ground of absence of cause of action?"

(3.) The facts giving rise to this appeal are these: Ram Singh instituted Original Suit No. 494 of 1992 in the Court of the Munsif, Rampur against Amar Singh and six other defendants, seeking relief of permanent prohibitory injunction to the effect that the defendants, their servants and agents be restrained from forcibly dispossessing the plaintiff from the suit property comprising Plot Nos. 82 and 190 or interfering in his possession in any manner whatsoever. Amar Singh, defendant No. 1 is the plaintiff's father's brother, whereas other defendants are said to be his father's brother's sons. The plaintiff-appellant, Amar Singh, who shall hereinafter be called 'the plaintiff', was a young man of 20 years, when he instituted the suit. His father, Kunwar Sen passed away after a brief illness on 13thof January, 1990. He was otherwise fit and healthy and aged about 50 years at the time of his demise. The plaintiff's father was the bhumidhar in possession of Plot No. 82, admeasuring 0.097 hectare and Plot No. 190, admeasuring 0.507 hectare, situate at Village Sendu Kaa Majra, Tehsil Swar, District Rampur. The said property shall hereinafter be called 'the suit property'.