BHAJAN LAL Vs. RAM BHAJ

JUDGEMENT

(1.) This is plaintiff's second appeal challenging the judgment and decrees of the Courts below whereby a suit for permanent injunction has been dismissed.

(2.) In the suit plaintiff alleged that he was owner in possession of the suit property forming part of khasra No. 148 min/142 min, as per jamabandi for the year 1995-96. The defendant-respondent had got no concern whatsoever with the suit land and was stranger to the aforesaid suit property, which was owned and possessed by the appellant. It was further submitted by the appellant that respondent in execution of a civil Court decree against one Darshan singh regarding possession of some property in Civil Suit No. 100 of 1992/1996, had obtained warrant of possession dated 28.8.2001 for getting the possession of the property which was the subject matter of the aforesaid civil suit and the said decree and the warrant of possession were not concerned with the suit land. Respondent No. 1 in collusion with respondent No. 2 wanted to occupy the suit land forcibly and illegally.

(3.) It is the further case of the appellant that during the pendency of the suit on the basis of the aforesaid warrant of possession, which did not belong to the suit land, he was forcibly dispossessed on 18.11.2001 by the defendants from an area measuring 12 feet x 25 feet shown as AEFD in the attached plan. The appellant was dispossessed without any demarcation and without specifying the khasra number. Since the plaintiff was dispossessed during the pendency of the suit from the part of the suit land illegally, therefore, he was entitled to restoration of possession. The plaintiff approached and requested the defendants to admit his claim but to no effect, hence the present suit.