SAROOP SINGH Vs. SURJAN SINGH

JUDGEMENT

(1.) The present appeal has been filed by Saroop Singh plaintiff against the judgment and decree dated 15-9-1979 passed by the Add. District Judge, Amritsar, vide which the judgment and decree passed by the learned trial Court decreeing the suit for possession filed by the plaintiff-appellant, was reversed and the suit of the plaintiff-appellant for possession was dismissed.

(2.) Undisputedly, the plaintiff Saroop Singh is the owner of the land measuring 16 kanals 16 marlas, which is the disputed property. According to the plaintiff, Surjan Singh defendant took illegal possession of the land in dispute forcibly in the year 1971. Immediately thereafter Surjan Singh filed a suit for permanent injunction against the plaintiff alleging therein that he is a tenant on the land in dispute and Saroop Singh landlord wanted to take forcible possession from him. In that suit, the plaintiff Saroop Singh denied the allegations of the defendant and stated that Surjan Singh is a trespasser and he has taken forcible possession of his land.

(3.) The said suit was decided on 8-5-1974, in which a finding was recorded that Surjan Singh is in possession of the land in dispute, but his possession on the suit land was as a trespasser and not as a tenant. However, the appellant Saroop Singh was restrained from taking forcible possession of the land in dispute except in due course of the law. This judgment rendered by the Sub Judge, Ist Class, Amritsar, became final between the parties which is Ex. P1 on the record.