FAUJA SINGH Vs. RESHAM SINGH AND ORS.

JUDGEMENT

(1.) Fauja Singh - defendant No. 1, having failed in both the courts below, has filed the instant second appeal.

(2.) Suit was filed by respondents No. 1 and 2 (plaintiffs) against appellant and Gurcharan Singh - respondent No. 3 herein. The plaintiffs alleged that they along with other co-sharers, are joint owners in joint possession of the suit property, which is a taur measuring ten marlas comprised of khasra No. 182. Defendants have no right, title or interest therein, but they threatened to take forcible possession of the suit property and to raise construction thereon. Accordingly, the plaintiffs sought permanent injunction restraining the defendants from taking forcible possession of the suit property from the plaintiffs and from interfering in their possession thereon and from raising construction over the suit property.

(3.) Defendant No. 1-appellant inter alia pleaded that he is in settled possession of the suit property as owner and in the alternative, he has become its owner by adverse possession. It was denied that plaintiffs are co-sharers or are in joint possession of the suit property. Defendant No. 1 purchased a house and the disputed taur from Sunder vide registered sale deed dated 01.01.1973 and since then, defendant No. 1 is in possession of the suit property.