GULZAR SINGH Vs. RAGHBIR SINGH

JUDGEMENT

(1.) After a ding dong battle between the parties to this regular second appeal firstly in the Court of learned Additional Civil Judge (Senior Division), Kharar, who vide judgment and decree dated 02.08.1997 decreed the suit of the appellant/plaintiff Gulzar Singh and, subsequent, appeal by respondents Raghbir Singh and others, the Court of learned Additional District Judge through the impugned findings dated 19.03.1999 allowed the appeal and set-aside the judgment of the trial Court. It is, thereafter, plaintiff/appellant Gulzar Singhhas come in this appeal.

(2.) Appellant/plaintiff Gulzar Singh filed a suit claiming that he is owner of the property detailed in the head note of the plaint comprising of a plot detailed therein situated within abadi of village Tangari, Tehsil Kharar, District Ropar, wherein, he has been stocking cow dung cakes, fodder, manure heaps etc. since many years and threatened over the acts of the respondents/defendants Raghbir Singh, Balbir Singh and Dalbir Singh sought a decree of permanent injunction restraining the respondents/defendants from interfering and dispossessing him from the property in question.

(3.) The respondents/defendants staked their claim on the ground that plaintiff was neither owner nor in possession of the suit land which vests in the answering defendants. The respondents/defendants had denied the possession of the plaintiff and rather claimed it otherwise that the plaintiff was trying to oust them through illegal means and, hence, sought dismissal of the suit.