QAYAM DIN Vs. SADIQAN & ORS

JUDGEMENT

(1.) Plaintiff/appellant is in second appeal against the concurrent findings returned by both the courts below, whereby his suit for permanent injunction was dismissed by the learned Civil Judge(Jr. Divn.), Malerkotla vide its judgment and decree dated 09.12.2008 and the findings thereof were affirmed by the learned Additional District Judge, Sangrur vide judgment and decree dated 15.05.2012.

(2.) In brief, the facts of the case are that plaintiff Qayam Din had filed civil suit no.150 of 17.05.2003 for permanent injunction whereby he had claimed himself to be the owner in possession of the property in question and alleged that defendant Sadiqan is trying to dispossess the plaintiff from the disputed property in connivance with the other defendants.

(3.) Upon notice, defendants filed joint written statement claiming that defendant no.1 Sadiqan is a co-owner to the extent of 7/32 share and is in possession of the land to the extent of her share. Replication was filed wherein the entire contents of the plaint were reiterated and that of the written statement were denied. From the pleadings of the parties issues were framed. Both sides lead evidence in support of their respective claims and after appreciating their evidence, learned trial Court dismissed the suit of the plaintiff vide judgment and decree dated 09.12.2008 and the findings thereof were affirmed by learned lower Appellate Court vide judgment and decree dated 15.5.2012. Hence the present second appeal.