AMARJIT SINGH Vs. TEJA SINGH

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree dated 17.3.2009 passed by the learned lower appellate Court, partly decreeing the suit filed by the plaintiff / appellants. The plaintiffs brought a suit for permanent injunction claiming injunction against the defendant / respondents from interfering in their possession over 45K-13M of land, as per jamabandi for the year 1992-93, forcibly and illegally and from dispossessing the plaintiffs forcibly, otherwise than in due course of law.

(2.) The case of the plaintiffs was that Gurbax Singh son of Amolak Singh was in possession of 45K-13M of land till his death, i.e. 15.1.1995, his sons the plaintiffs succeeded him and entered into possession of the suit land on the basis of registered will dated 8.11.1983. The case of the plaintiffs was that the property was being managed through attorney Charanjit Singh, and the property was in their possession. The original Will was not placed on record by claiming that it got misplaced.

(3.) It was also claimed that their mother Mohinder Kaur was also in possession on their behalf. The defendants being inimical towards their father, were threatening to take forcible possession of the suit land, and to dispossess them forcibly . As the defendants failed to accept the claim of the plaintiffs, the suit was filed.