HUKAM SINGH Vs. TARA SINGH

JUDGEMENT

(1.) HUKAM Singh filed the preseat suit for permanent injunction restraining the defendants to make any construction and not to interfere in the peaceful possession and enjoyment of the plaintiff over the property as shown in the site plan attached. The allegation of the plaintiff is that the defendants were trying to raise construction on the piece of land in possession of the plaintiff which he was in exclusive possession and had been throwing his garbage on that place. He further alleged that he has been tethering his cattle, and discharging water of his house on this land and that the defendants had no right over this piece of land which they wanted to forcibly occupy.

(2.) THE defendants contested the suit by filing a joint written statement. Correctness of the site plan was challenged and that the plaintiff was not the owner and had no right to file the present suit. It was alleged that the land in suit was Shamlat land and the Civil Court had no jurisdiction to try the same. Land was being used by the defendants and the plaintiff was estopped by his act and conduct to file the suit. The possession of the plaintiff, over the land in dispute, was also disputed and that he did not use the same for tethering his cattle etc.

(3.) THE trial Court, after considering the evidence produced by the parties in the case and especially after considering the statements of D. Ws. came to the conclusion that the plaintiff was in possession of the land in dispute. The other issues were decided against the defendants. The learned trial Judge consequently decreed the suit for permanent injunction restraining the defendants from dispossessing the plaintiff except in due course of law.