SAT PAL SINGH Vs. KESAR SINGH

JUDGEMENT

(1.) THIS is defendant's appeal which has been directed against the judgment and decree dated 17.5.1980 passed by the Additional District Judge, Gurdaspur, who affirmed the judgment and decree of the Court of Sub Judge Ist Class, Pathankot who decreed the suit of the plaintiff-respondent for permanent injunction.

(2.) THE brief facts of the case are that Shri Kesar Singh plaintiff-respondent filed a suit for permanent injunction against Shri Sat Pal Singh and Uttam Singh sons of Shri Sadhu Singh praying that the defendants be restrained permanently from interfering in any manner in his peaceful possession over the land comprised in khewat No. 13 Khatauni No. 81, Khasra Rectangle No. 10, Killa Nos. 16, 17, Rect. No. 22, Killa. Nos. 4, 5, 1, 7, 9, 14/1 measuring 34 kanals 5 marlas situated in village Janial Tehsil Pathankot and the case set up by the plaintiff-respondent in the trial Court was that he is in possession of the suit land as tenant since long. He was earlier cultivating about 105 kanals of land jointly with Rur Singh and Sadhu Singh but subsequently, the land was partitioned and the suit land fell to his share and since the date of partition, he is cultivating the same in the capacity of a tenant. The defendants have no right, title or interest in the said land but they have threatened to interfere in the possession of the plaintiff. Hence the suit. Notice of the suit was given to the defendants who contested the same and denied the allegations. According to the respondents they are in possession of 11 kanals 2 marlas of land out of this khasra number as tenants.

(3.) BOTH the parties were given opportunities to lead their evidence and on the conclusion of the proceedings the trial Court decided issue Nos. 1, 2 and 3 in favour of the plaintiff-respondent and resultantly, the suit of the plaintiff was decreed. The reasons for decreeing the suit are contained in para Nos. 6 and 7 of the judgment of the trial Court, which are reproduced as under :