GURMAIL RAM Vs. AMRIK SINGH

JUDGEMENT

(1.) Defendants are in second appeal assailing judgment and decree dated 26.05.2005 passed by the Lower Appellate Court i.e. learned Additional District Judge, Nawan Shahr.

(2.) Plaintiff Amrik Singh filed suit for permanent injunction restraining the defendants from interfering in the possession of the plaintiff and from raising any construction over the suit land measuring 8 kanals comprised of khewat no.92 khatoni no.148 and 149 rect. no. 21 killa nos. 6/2 (2-15), 15/1 (1-1), rect. no. 22 killa no. 10 min (4-0), rect. no. 136 (0-4), situated in Village Chak Kalal, Tehsil and District Nawan Shahr, alleging that plaintiff is in exclusive possession of the suit land as co-sharer out of total joint land measuring 67 kanals 9 marlas. The plaintiff purchased the suit land from Hazura Singh, who was in exclusive possession of the suit land and delivered possession thereof to the plaintiff, but the defendants threatened to raise construction over the suit land without getting the joint land partitioned.

(3.) The defendants inter alia pleaded that plaintiff and defendant no.1 were owners of the land in Village Chak Kalal and the same was partitioned vide memo of partition dated 26.05.1972 and defendant no.1 is in exclusive possession of killa no.22//10 measuring 4 kanals along with other land and the defendants do not intend to raise construction over any other land.