GIANI RAM Vs. DEVENDER SINGH

JUDGEMENT

(1.) PLAINTIFF has filed a suit for permanent injunction that he was owner in possession of the suit land measuring 88 kanals. It was further averred in the plaint that the defendant was threatening to interfere in the peaceful possession of the plaintiff.

(2.) DEFENDANT in his written statement averred that he was in possession of the suit land as Gair Marusi tenant under the plaintiff for the last 30 years. The suit land was Banjar Kadim and had been made cultivable by the defendant after he came in possession of the same. The defendant had filed a suit for permanent injunction and the same was decreed by the trial Court vide judgment and decree dated 17.12.1981. Appeal filed by the plaintiff was dismissed by the Additional District Judge vide judgment and decree dated 5.2.1982. The Forest department had planted kikar trees in the suit property and the same were being looked after by the defendant. On the pleadings of the parties, following issues were framed by the trial Court:-

(3.) AFTER hearing learned counsel for the parties, I am of the opinion that the present appeal is devoid of any merit and deserves dismissal.