LAWS(P&H)-2000-7-140

JIT SINGH Vs. SARDARA SINGH

Decided On July 21, 2000
JIT SINGH Appellant
V/S
SARDARA SINGH Respondents

JUDGEMENT

(1.) WHETHER long possession per se, if it is without valid title or right to occupy the land/property, gives a right to the occupier to retain such possession against a rightful/lawful owner is going to be adjudicated in the present revision as this aspect of the case is being confronted by the subordinate courts in different litigations and in the High Court also many litigations on this aspect of the law are being entertained.

(2.) THE facts of the case are not much in dispute but still it is necessary on my part to reproduce some of the facts to appreciate the above proposition, which I have propounded in the earlier portion of this judgment.

(3.) JIT Singh, petitioner, filed a suit for injunction alleging that he is in possession of the suit land bearing rectangle No. 17 khasra No. 15/2 (5-2), for the last more than 35/40 years since the time of consolidation. The defendants have no right, title or interest in the suit land and they have threatened to take forcible possession. On these broad allegations, the plaintiff-petitioner filed the suit for permanent injunction praying that he may not be dispossessed from the suit land except in due course of law and along with the plaint, he also filed an application under Order 39 Rules 1 and 2, CPC, praying that during the pendency of the suit, his possession should not be disturbed.