RAGHBIR SINGH AND OTHERS Vs. AJIT SINGH

JUDGEMENT

(1.) The present appeal has been filed by defendants who are aggrieved against the concurrent findings of the Courts below whereby the suit for permanent injunction filed by the plaintiff has been decreed.

(2.) The case of the plaintiff was that the property was owned by him and he was in possession of the same and the defendants have their houses towards southern side of the plot in dispute and were threatening to make passage towards the plot and affix the door towards the plot of the plaintiff. Accordingly, it was prayed that a decree for permanent injunction be passed restraining the defendants from making any passage in the plot bearing Kila No. 184 measuring 1 kanal Khata Khatauni No. 24/50 situated at Village Dhariwal, Tehsil Ajnala, District Amritsar and also from restraining the defendants from affixing any door towards the southern side of the plot of the plaintiff.

(3.) The defendants in their written statement, denied that the site plan is correct and that the plaintiff was the owner of the land. They pleaded that they had constructed a verandah, two rooms in Killa numbers mentioned in the plaint and also pleaded that they had stacked roori and fire wood in this land and also raised boundary wall on the plot and alongwith this wall mangers had been made for cattle which were being tethered there. The revenue entries showing the plaintiff to be the owner were said to be wrong and the original owner never sold the land to Ajit Singh, the plaintiff, and the entries had not been corrected for the last three decades and the defendants were owner in possession over the suit property on account of their possession for the last 25 years. The plaintiff examined himself and Arvinder Singh, Draftsman whereas the defendants examined 4 witnesses.