JAGAR SINGH Vs. BAKHSHISH SINGH

JUDGEMENT

(1.) THE defendants are in second appeal aggrieved against the judgment and decree passed by the learned first Appellate Court, whereby the plaintiff's appeal was accepted arising out of the suit for permanent injunction and the defendants were restrained from interfering in the possession of the plaintiff.

(2.) THE plaintiff - Bakhshish Singh filed a suit for permanent injunction for restraining the defendants from interfering in the peaceful possession of the plaintiff over the taur measuring 5 marlas having purchased the same from Thakar Singh, Pritam Singh and Mohan Singh vide registered sale deed dated 28.12.1967. It was pleaded that the defendants have no right, titlle or interest in the suit property. R.S.A.No.1 of 1990 2 THE defendants, in the written statement, denied that the plaintiff was either owner or in possession of the suit property. THE parties went to trial on the following issues:

(3.) BEFORE this Court, learned counsel for the appellants has vehemently argued that the findings recorded by the learned first Appellate Court suffer from patent illegality or irregularity and that the evidence of R.S.A.No.1 of 1990 3 PW-1 Bakhshish Singh is not sufficient to return a finding that he was in possession of the suit property.