PAKHAR SINGH Vs. GURDIAL SINGH ETC

JUDGEMENT

(1.) THE unsuccessful plaintiff has come up in second appeal against the judgment and decree of the first Appellate Court affirming on appeal those of the trial judge whereby his suit for mandatory injunction for restraining defendants No. 1 to 8 from interfering with his peaceful possession over the disputed property was dismissed.

(2.) THE facts:the plaintiff sought a mandatory injunction against defendant/ respondents No. 1 to 8 restraining them from interfering with his peaca- ful possession over the site in dispute. He alleged that he was owner 10 possession of the site in dispute He wanted to raise construction thereon but was obstructed by the defendants and he was threatened to face dire consequences if he raised construction. Defendants No. 1 to 8 controverted the allegations and inter alia pleaded that they had purchased 1 kanal 8 marlas of land along with site in dispute from Sir Singh vide sate deed dated February 16, 1962 and were in possession since then.

(3.) FROM the pleadings of the parties, the following issues were framed :1. Whether the plaintiff is the owner of 3-1/4 Mls of the taut in dispnte ? OPP 2. Whether the plaintiff is in possession of the entire 'taur' in dispute? OPP 3. Whether the site ABFG as shown in the plan is a passage to the 'taur'? OPP