KARAM SINGH Vs. SAUDAGAR SINGH

JUDGEMENT

(1.) This is plaintiff's Regular Second Appeal against the judgment of reversal dated 14.5,1982 passed by the District Judge, Ferozepur, vide which judgment and decree of the learned trial Court in favour of the plaintiff-appellant was set aside and his suit for permanent injunction was dismissed.

(2.) In the instant, case, the dispute is about a plot measuring 16 Marlas shown as ABCD in red colour in the site plan (Ex.D2) situated in village Fategarh Gaheri. The appellant filed the suit for permanent injunction against the defendant, respondents herein, regarding this plot claiming himself to be in possession of the same for the last 20 years and using the same for storing cow dungs and ruru and for tethering of cattle. It was alleged that the respondents, without having any right and interest in the said plot, were adamant to interfere in possession of the appellant on the present pretext that the said plot belonged to the Custodian Department and they had applied for the allotment of the same. The respondents contested the suit. They pleaded that the disputed plot does not belong to the Custodian Department, as alleged by the appellant, but in fact the same was owned and possessed by them. It was alleged that the appellant never remained in possession of this plot. It was further alleged that earlier also the appellant filed a similar suit for permanent injunction with a motive to take forcible possession of the plot in question. The said suit was hotly contested by them. Though initially the learned trial court decreed the suit said but in appeal the same was dismissed and it was held that the appellant was not in possession of the plot in question. Rather the same was found to be in possession of the respondents. It was pleaded that the said judgment and decree passed in a suit between the same appellant pertaining to the same subject matter would operate as res-judicata against the appellant.

(3.) On the pleadings of the parties, the learned trial Court framed the following issues:-