MEHNGA SINGH Vs. HARDEV SINGH AND OTHERS

JUDGEMENT

(1.) This is a regular second appeal brought by defendant, Mehnga Singh against the judgment and decree dated 1.9.2012 passed by learned Civil Judge [Junior Division], Ajnala and dated 19.1.2013 passed by learned Additional District Judge, Amritsar. The suit that succeeded with both the courts below against the defendant-appellant has been brought by Hardev Singh, Upkar Singh and Jagtar Singh, sons of Hazara Singh for permanent injunction restraining the defendant from interfering in the possession of the plaintiffs over the land measuring 10 kanals 13 marlas and forcibly dispossessing the plaintiffs therefrom.

(2.) The plaintiffs are joint owners with other co-owners and they are in exclusive possession of the land measuring 10 kanals 13 marlas properly detailed in the headnote of the plaint [for short the "suit property"]. The possession of the plaintiffs over the suit property is there from a time soon after the consolidation of holdings. The defendant has no right, title or interest in the suit property. The defendant is threatening to forcibly dispossess the plaintiffs from the suit property and, hence, the suit.

(3.) The defendant has resisted the suit and besides taking some preliminary objections regarding want of locus standi and cause of action, the defendant has claimed that previously, the suit property was under cultivation of Mehar Singh son of Buta Singh and after the death of Mehar Singh his son Mohan Singh and his daughters, namely, Parsin Kaur and others were in possession of the suit property as co-sharers.