UDE SINGH Vs. CHANDER

JUDGEMENT

(1.) THIS is plaintiff's second appeal challenging the judgment and decrees of the Lower Appellate Court whereby appeal filed by the defendant/respondents has been accepted against the judgment and decree of the trial court and the suit of the plaintiff-appellant has been dismissed.

(2.) APPELLANT filed suit for permanent injunction on the ground that he was in exclusive possession of the land comprised in khewat No.155, khatoni No.406 min, khasra No.749/1/2/1, measuring 10 bighas, but the defendants were bent upon to interfere in his peaceful possession over the said land illegally. Thus, the necessity arose to file the present suit.

(3.) THE parties to the suit led evidence in support of their respective case. After hearing learned counsel for the parties and considering the evidence on record, the trial Court decreed the suit holding that appellant was in exclusive possession of the suit property being cosharer as a co-sharer in possession of specific portion over the land more than his share was entitled to keep the same till the partition and therefore the defendants had no right or title to interfere in the peaceful possession of the appellant over the suit property till it was partitioned.