GURNAM SINGH Vs. SANJHI RAM

JUDGEMENT

(1.) In these two connected Regular Second Appeal Nos. 1811 of 1868 of 1975 arising out of the same judgment dated 22nd October, 1975, passed by the Additional District Judge, Gurdaspur, common question for determination is whether Gurnam Singh is at present in possession of land in dispute measuring 2 kanals 8 marlas situated in a village of tehsil Pathankot. This land had been purchased in a public auction by S.D. Gupta, in the year 1962. It had then been sold to Sanjhi Ram and others and also to Karam Chand who on account of his death is now being represented by his heirs. Gurnam Singh filed a suit in the month of March, 1973, for obtaining a permanent injunction restraining Sanjhi Ram and others from interfering in the possession of the land on his part. In that suit he impleaded his father Gian Singh as one of the defendants.

(2.) In the month of April, 1973 another suit was filed by Sanjhi Ram and two other co-owners of the land for obtaining a declaration that they together with the legal representatives of Karam Chand, impleaded as defendants, were in possession of the land as owners and for that reason both Gurnam Singh and Gian Singh should be restrained from taking possession of the land.

(3.) After both the suits were consolidated, they were tried by the Sub-Judge First Class, Pathankot, who by his judgment dated 28th September, 1974, held Sanjhi Ram and others to be in possession. Their suit was, therefore, decreed and the suit filed by Gurnam Singh was dismissed. Gurnam Singh then filed two separate appeals which were decided by the lower appellate Court on 22nd October, 1975. Both of them were dismissed by holding that Gurnam Singh was not in possession of the land in dispute.