MAM RAJ & OTHERS Vs. PARAMJIT SINGH

JUDGEMENT

(1.) Plaintiffs who were successful in the trial court but have been nonsuited by the lower appellate court have filed the instant second appeal.

(2.) Plaintiffs filed suit alleging that they are in established possession of the suit land. Its possession was delivered to them by Kirpal Singh father of defendant-respondent Paramjit Singh vide receipt dated 13.05.1981 on receiving Rs.16,000.00 from the plaintiffs. Accordingly plaintiffs sought permanent injunction restraining defendant from interfering in possession of the plaintiffs over the suit land and from dispossessing them therefrom and from obstructing the construction work being done by the plaintiffs in the suit land measuring 2 bighas being part of Khasra No. 622.

(3.) Defendant broadly controverted the plaint allegations and pleaded that he is owner in possession of Khasra No. 622 measuring 2 bighas 11 biswas. Execution of receipt dated 13.05.1981 by Kirpal Singh was denied. It was also denied that Kirpal Singh delivered possession of the suit land to the plaintiffs. It was also alleged that plaintiffs are not in possession of the suit land. Various other pleas were also raised.