NACHHATTAR SINGH Vs. CHAND SINGH & ORS

JUDGEMENT

(1.) Trial court had partly decreed the suit of the plaintiff/appellant for permanent injunction restraining the defendants/respondents (herein referred as the defendants) from interfering in his possession illegally and forcibly over the suit land except khasra No.459//15/2 (4-5) and 459//16/1 (1-5) and it was further ordered that the defendants would be at liberty to use their own land bearing khasra Nos.459//15/2 (4-5) and 458//16/1 (1-5), at their own wish. The appellate court vide judgment dated 20.9.2011, dismissed the appeal.

(2.) The plaintiff had filed a suit for permanent injunction restraining the defendants from interfering in his possession and also dispossessing him illegally and forcibly from the land measuring 5 kanal 10 marla comprised in Rect. No.459 Killa No.15/2 (4-5), 16/1 (1-5) on the basis of their ownership.

(3.) The defendants while contesting the cause, raised some preliminary objections, inter alia, that the plaintiff has no concern with the suit land; defendants Nos. 4 and 5 are the owners in possession and other defendants are assisting them in cultivating the said land. It was also averred that plaintiff has admitted the ownership and possession of defendants No.4 and 5 over the suit land in Suit No.41 dated 16.7.2002 by producing the sale deed dated 1.3.2001 vide which Gurcharan Kaur plaintiff of that suit had alienated her share in the suit land. Ad-interim injunction application filed by plaintiff Gurcharan Kaur and Labh Kaur in that suit was dismissed by the court on 12.8.2002 (Ex.P.4) and now the plaintiff is estopped from pleading that defendants No.4 and 5 are not owners of the suit land. Defendants further submitted that previous owner of the suit land was Kartar Singh son of Ganga Singh to whom this land Khasra No.15/2 (4-5) and 16/1 (1-5) was allotted by Additional Settlement Officer on 24.7.1963. Mutation No.6365-A on the basis of said order was also sanctioned in favour of Kartar Singh on 13.2.1964. The mutation was acted upon in the revenue record. But on account of the non-segregation of the land allotted to Kartar Singh from the full khasra number bearing No.5361 relating to the inheritance of Ganda Singh showing him as owner of the said land was wrongly sanctioned in favour of Bachan Kaur etc.. The said entries in the revenue record being forged and fabricated have no effect upon the rights of the defendants. After defendants No.4 and 5 had sold the suit land to Nachhatar Singh, the plaintiffs have filed this suit. Eventually, prayer for dismissal of the suit was made.