NACHHATTAR SINGH Vs. CHAND SINGH AND ORS

JUDGEMENT

(1.) Trial court had partly decreed the suit of the plaintiff/appellant for permanent injunction restraining the defendants/respondents (herein referred as the defendants) from interfering in his possession illegally and forcibly over the suit land except khasra No.459//15/2 (4-5) and 459//16/1 (1-5) and it was further ordered that the defendants would be at liberty to use their own land bearing khasra Nos.459//15/2 (4-5) and 458//16/1 (1-5), at their own wish. The appellate court vide judgment dated 20.9.2011, dismissed the appeal.

(2.) The plaintiff had filed a suit for permanent injunction restraining the defendants from interfering in his possession and also dispossessing him illegally and forcibly from the land measuring 5 kanal 10 marla comprised in Rect. No.459 Killa No.15/2 (4-5), 16/1 (1-5) on the basis of their ownership.

(3.) The defendants while contesting the cause, raised some preliminary objections, inter alia, that the plaintiff has no concern with the suit land; defendants Nos. 4 and 5 are the owners in possession and other defendants are assisting them in cultivating the said land.