PAL SINGH Vs. KOMAL SINGH

JUDGEMENT

(1.) This judgment shall dispose of two regular second appeals i.e. R.S.A. Nos. 3926 & 3928 of 2009 titled Pal Singh Vs. Komal Singh & another, arising out of the same transaction between the parties. For the sake of brevity facts are being taken from R.S.A. No. 3926 of 2009.

(2.) The plaintiff / respondents filed a suit for possession of land measuring 16K-7M, situated in the area of Rani Wala, Tehsil Tarn Taran, District Amritsar, on the basis of ownership. The plaintiffs brought a suit on the pleadings, that Tej Kaur, widow of Arjun Singh was the owner of the suit land, and during her life time she executed a registered Will in favour of Waryam Singh. The challenge to the Will was rejected upto the Hon'ble Supreme Court. The case of the plaintiffs was, that defendant Pal Singh illegally and forcibly took the possession of the suit land, and dispossessed the plaintiffs from the suit land, therefore, plaintiffs were entitled to possession of the land.

(3.) The defendant / appellant contested the suit by taking a plea, that he was tenant over the property in dispute, and also filed a suit seeking permanent injunction restraining the plaintiff from dispossessing him from the land in dispute except with due process of law. The decree passed in the suit for permanent injunction is subject matter in RSA No. 3928 of 2009. On appreciation of evidence the learned Courts below have recorded a concurrent finding of fact, that plaintiffs were owners of the suit land, therefore, were entitled to get the possession from the defendant, whereas in the suit filed by the appellant a concurrent finding has been recorded, that he has failed to prove, that he was tenant over the property in dispute, and entitled to protection against dispossession. The learned counsel for the appellant raised the following substantial questions of law :-