HARDEVA Vs. JAGDEV SINGH AND OTHERS

JUDGEMENT

(1.) There is delay of 75 days in filing the appeal. In view of the reasons mentioned in the application, the delay in filing the appeal stands condoned.

(2.) Briefly stated that Sahab Singh now deceased and Hardeva filed a suit for injunction against the defendants with the allegations that plaintiff are in cultivating possession of agriculture land as detailed in para No.1 and 2 of the plaint. It is alleged that they are in possession of half share of land falling in Killa No.22/20/1 measuring 2 kanals 9 marlas and Rect./Killa No.22/10 measuring 8kanals total 9 kanals 5 marlas as tenant on 1/3 rd Batai (share) since the time of their forefathers. It is stated that plaintiff have sown wheat crop in the suit property. It is further alleged that Lichmi Devi (since deceased) had bent upon to take forcibly possession of the suit property from the plaintiff of which she had no right. Lichmi Devi has since died and her legal representatives are also brought on the record as defendants.

(3.) On put to notice, defendant appeared and contested the suit. Lichhmi deceased appeared in the Court and filed written statement taking up preliminary objections of maintainability of the suit, cause of action and without locus standi.