SULAKHAN SINGH Vs. PREMA AND ORS.

JUDGEMENT

(1.) UNSUCCESSFUL plaintiff Shri Sulakhan Singh has filed the present regular second appeal and it has been directed against the judgment and decree dated 28.5.1998 passed by the Court of Additional District Judge, Amritsar, who affirmed the judgment and decree dated 11th April, 1994 passed by the Court of Additional Senior Sub Judge, Tarn Taran, who dismissed the suit of Shri Sulakhan Singh plaintiff -appellant.

(2.) THE brief facts of the case are that Shri Sulakhan Singh filed a suit for permanent injunction against Arjan Singh, Atma Singh and Sucha Singh defendants on the allegations that he was the owner and in possession of Khasra No. 966(3 -0) situated in the area of village Rani Wallah and with this khasra number the defendants have no concern. It is alleged by the plaintiff that defendant No. 1 asserts that he had obtained Nishan Delhi from the revenue department. The Nishan Delhi, if any, obtained by defendant No. 1 was illegal as the same has been obtained in connivance with the revenue authorities, defendant No. 1 got the name of the plaintiff removed from the column of ownership in the jamabandi for the year 1988 -89 in collusion with the revenue Patwari and on the basis of nishan dehi threatened to interfere and take forcible possession of the land in dispute. The defendants were requested not to interfere and take forcible possession of the disputed number, but to no effect. Hence the suit.

(3.) THE parties were allowed to lead evidence and vide judgment and decree of the trial Court the suit of the plaintiff was dismissed. The plaintiff was not satisfied with the judgment and decree of the trial Court, he filed an appeal before the court of Additional district Judge, Amritsar. who dismissed the appeal for the reasons given in para No. 8 of the judgment, which is reproduced as under: