KHAZANA Vs. WAZIR SINGH

JUDGEMENT

(1.) CM No.14082-C of 2009 Application is allowed subject to all just exceptions. RSA No.4682 of 2009

(2.) This is defendants' second appeal challenging the judgment and decrees of the courts below whereby the suit of the plaintiff-respondent has been decreed restraining the defendant-appellants from dispossessing the plaintiff from the suit property or from interfering into his possession foricbly or illegally except in due course of law. Briefly stated, as per the averments made in the civil suit, the plaintiff-respondent was owner in possession of the suit property situated within the Abadi Deh of village Mundri, Tehsil and District Kaithal. It was alleged that the defendant- appellants were threatening to dispossess him from the suit property forcibly and illegally, without having any right, title and interest over the suit property. They came on the spot on 15.4.2002. However, with the timely intervention of the plaintiff-respondent as well as respectables of the village their action was foiled. The defendant- appellants refused to admit the claim of the plaintiff-respondent. Hence, this suit.

(3.) Upon notice, the defendants filed joint written statement taking various preliminary objections. On merits, the case of the plaintiff- respondent was denied and it was stated that it was the plaintiff- respondent who was threatening to dispossess the defendants from their peaceful possession. Defendant No.1 was the owner and had every right, title and interest in the suit property for the last many years and thus, dismissal of the suit was prayed for.