GURNAM SINGH Vs. VARINDER SINGH

JUDGEMENT

(1.) The defendant-appellants have, come up in regular Second appeal against the judgment and decree of the first appellate Court reversing on appeal those of the trial Judge and decreeing the suit of the plaintiff- respondents No. 1 and 2 for restraining the defendant-appellants from interfering in their peaceful possession of the suit land.

(2.) The facts Varinder Singh and Jaswant Singh sons of Gulab Singh (hereinafter plaintiffs filed a suit for permanent injunction restraining defendants No. 1 to 6 appellants (hereinafter the contesting defendants from interfering in their peaceful possession of land measuring 11 Kanals 7 Marlas comprised in Khasra No. 50/22-23 situated in village Vallah, Tehsil and District Amritsar; that the suit land is owned by co-sharers of Shamlat Patti Jethan and defendant No. 7 (respondent No. 3 in this appeal) Gulab Singh, father of the plaintiffs (hereinafter the non-contesting defendant) is the owner-in-possession of 1/12th share in that Patti; that the plaintiffs were in possession of the land in suit on behalf of their father (the non-contesting defendant) since 1963 and they made the land cultivatable; that the non-contesting defendant earlier filed a suit against the contesting defendants from interfering in his peaceful possession of the land and it was held in that suit that the plaintiffs were in possession of the suit land, but as they had not filed suit in respect of the rights, the non-contesting defendant was not entitled to relief on their behalf; that the plaintiffs being in possession of the suit land on behalf of the non-contesting defendant, the contesting defendants cannot forcibly dispossess them.

(3.) The non-contesting defendant (father of the plaintiffs) admitted the plaintiffs' claim. The contesting defendants' pleaded that they had purchased the suit land from their co-sharers and were in possession thereof.