(1.) Defendant No. 1 Ram Kumar having lost in both the Courts below has filed this second appeal. The suit was filed by Pat Ram plaintiff (since deceased and represented by respondents No. 1 to 7 as his legal representatives) against defendant No. 1/appellant Ram Kumar and against proforma defendants No. 2 and 3 Jug Lal and Hem Raj (or Hans Raj?) (proforma defendants No. 8 and 9 herein). Pat Ram/plaintiff and proforma defendants No. 2 and 3 are sons of Har Lal. Case of the plaintiff is that their father Har Lal was owner of suit land measuring 23 Kanals 7 Marlas and after his death, plaintiff and proforma defendants No. 2 and 3 are owners in possession of the suit land. Defendant No. 1 threatened to interfere in their peaceful possession thereon. Plaintiff sought permanent injunction restraining defendant No. 1 from doing so.
(2.) Only defendant No. 1 contested the suit whereas defendants No. 2 and 3 were proceeded against ex parte. Defendant No. 1 broadly denied the claim of the plaintiff and pleaded that he is in possession of 7 kanals land out of the suit land having purchased share in joint land vide sale deed dated 12.12.2000.
(3.) Learned trial court partly decreed the suit restraining defendant No. 1 from interfering in possession of plaintiff and proforma defendants No. 2 and 3 over the suit land except in due course of law. First appeal preferred by defendant No. 1 has been dismissed by learned lower appellate court. Hence this second appeal by defendant No. 1.