MULK RAJ Vs. SANT RAM

JUDGEMENT

(1.) This regular second appeal, by the defendant/appellant, is directed against the judgment and decree dated 27.2.1984, passed by the learned lower appellate Court, vide which the suit filed by the plaintiff/respondent, for permanent injunction, restraining the defendant/appellant from dispossessing the plaintiff/respondent from property in dispute, except in due process of law, stands decreed.

(2.) The plaintiff/respondent filed a suit on the pleadings, that the land in dispute was under his cultivating possession as tenant for a number of years. The tenancy of the plaintiff/respondent was duly incorporated in the jamabandi for the year 1976-77 and also in khasra girdawris from kharif 1977 onwards. The plaintiff claimed, that he had sown rabi crop at the time of the institution of the suit, after harvesting previous crop. In the year 1971, the defendant/appellant threatened, him and one Ghasita Singh and Buta Singh, who were in possession of some other land in the village as tenants. This led the plaintiff, Ghasita Singh and Buta Singh to file suit for permanent injunction, restraining the defendant from interfering in their possession on the land, including the land in dispute. The suit was instituted in the Court of Sh. G.L. Chopra, Sub Judge, Ist Class, Gurdaspur, on 7.8.1971 and the counsel for the defendant, namely, Sh. Behari Lal Nanda, Advocate, made a statement in the Court on 9.10.1973 stating that the plaintiff, besides Ghasita Singh and Buta Singh, were in possession of the land as tenant, and further that their possession will be disturbed only in accordance with law, and not otherwise. That he will not use any force. On the undertaking given, the suit was dismissed as withdrawn on 9.10.1973.

(3.) In the year 1974, the defendant/appellant filed a suit for possession of the land measuring 22 kanals 10 marlas against Mohinder Singh and 19 others. The land, including half share of killa Nos. 6/2, 7/1, 6/1, 8/2, 9/1, 7/2 and 18/1 of rectangle No. 16 and half share of killa No. 1 of rectangle No. 70, 1/4th share of killa No. 3/2 of rectangle No. 16 and killa No. 6/1 of rectangle No. 17 besides 1/24th share out of the land comprised in killa Nos. 3/1, 2/4 and 2/2 of rectangle No. 16 at village Rasulpur Gagrotian. The killa numbers, referred to above, were said to be in possession of the plaintiff/respondent as tenant. In the suit some other persons, who were cultivating the land, other than the land which was subject matter of this suit, were also joined as defendants and a decree of possession against all of them, including the plaintiff, was passed in favour of the defendant/appellant Mulk Raj.