HARVINDER SINGH Vs. GURUDWARA PRABANDHAK

JUDGEMENT

(1.) THIS is second appeal by legal representatives of original plaintiff Ujagar Singh (since deceased), having remained unsuccessful in both the courts below.

(2.) UJAGAR Singh filed suit for permanent injunction alleging that he is in possession of the suit property measuring 03 marlas comprised of southern part of khasra no.135 since time immemorial and prior to him, his forefathers were in possession thereof. On plaintiff's application made to Naib Tehsildar, spot was inspected by Halqa Patwari, who made report dated 24.08.2001 regarding possession of the plaintiff over the suit property. However, in revenue record, defendant no.1 Gurudwara Prabandhak Committee has been wrongly recorded to be in possession of the entire khasra no.135 measuring 10 marlas. Taking advantage thereof, the defendants wanted to take forcible possession of the suit property. The plaintiff accordingly sought permanent injunction restraining the defendants from interfering in possession of the plaintiff over the suit property and from dispossessing him therefrom.

(3.) DEFENDANT no.2, in his written statement, pleaded that plaintiff is in illegal possession of suit property and wants to grab the same.