THANDI Vs. KISHORI

JUDGEMENT

(1.) THE present regular second appeal has been filed by the defendants. A challenge has been made to the judgments and decree of the learned courts below whereby the suit for permanent injunction filed by the plaintiff-respondent Kishori has been decreed. The suit was decreed in toto by the learned trial court. However, in appeal the learned first appellate Court modified the judgment of the learned trial court and after partly accepting the appeal, the injunction was issued qua the land comprised in Killa No. 21 of rectangle No. 25 measuring 6 kanals 16 marlas whereas the suit with regard to land comprised in Killa No. 1/1 of Rectangle No. 39 measuring 4 Kanals 4 marlas was dismissed.

(2.) THE plaintiff Kishori filed a suit under the provision of Order 1 rule 8 of the Code of Civil Procedure seeking a decree for permanent injunction restraining the defendants and the other persons mentioned in the list being co-sharers of Shamlat Patti Udha from dispossessing him from the land measuring 11 kanals comprising in Killa No. 21, Rectangle No. 25 and Killa No. 1/1 of rectangle No. 39 except in due course of law.

(3.) AFTER putting in appearance the defendants contented the suit by filing a written statement. It was denied that the plaintiff was a tenant on the suit land or was in possession of the same. The defendants stated that Shadi son of Kurey died on July 16, 1963 and as such, the entries in the revenue record in his favour showing him to be in possession of land comprising in killa No. 1/1 of rectangle No. 39 were wrong. It was further stated that the plaintiff had left village Bhalapa in the year 1954 and thereafter he lived in village Mandawar and as such, the entries showing the plaintiff to be in possession of the land measuring 6 kanals 16 marlas were also wrong. The defendants claimed the possession over the suit land as members of the proprietary body of Shamlat Patti Udha.