LAWS(P&H)-2010-7-78

VIJAY KUMAR Vs. DILBAGH SINGH

Decided On July 29, 2010
VIJAY KUMAR Appellant
V/S
DILBAGH SINGH Respondents

JUDGEMENT

(1.) Plaintiffs Vijay Kumar and Kuldeep Kumar - sons of Ved Parkash have filed the instant second appeal, after having remained unsuccessful in both the courts below.

(2.) Plaintiffs alleged that they, along with their brother Jag Mohan, are owners in possession of the suit property and prior to that, their forefathers were in possession thereof for more than 100 years. The defendant, without any right, title or interest in the suit property, threatened to interfere in peaceful possession of the plaintiffs thereon. Accordingly, the plaintiffs sought permanent injunction restraining the defendant from interfering in plaintiffs' possession over the suit property and from dispossessing them forcibly therefrom.

(3.) The defendant denied the plaint allegations and inter alia pleaded that plaintiffs are neither owners nor in possession of the suit property. Central Government was owner of the suit property and defendant was in its possession for ten years and in view of said possession, the suit property was allotted to defendant vide conveyance deed dated 18.02.1991. Various other pleas were also raised.