SUKHWINDER SINGH AND ORS Vs. SMT SWARNI

JUDGEMENT

(1.) This is Plaintiffs' second appeal challenging the judgment and decree of the Lower Appellate Court, whereby while accepting the appeal filed by the Defendant-Respondent, judgment and decree of the trial Court was set aside.

(2.) As per the averments made in the suit, Appellants had sought permanent injunction against the Respondent from interfering in their peaceful possession over the suit property on the basis of oral tenancy in their favour. However, the trial Court found that the Plaintiff-Appellants have failed to prove the tenancy. Since the Appellants were found to be in a long settled possession of the property in dispute, injunction was granted against the Respondent not to interfere in their possession except in due course of law.

(3.) Against the aforesaid judgment and decree of the trial Court, an appeal was filed by the Defendant-Respondent which was accepted. While accepting the appeal, the Lower Appellate Court has concurred with the finding of the trial Court holding that the evidence led by the Plaintiff-Appellants was not sufficient to prove that they were tenants over the suit property. The Lower Appellate Court further held that no injunction can be granted in favour of the Appellants and against the Respondent who is the true owner of the suit property.