JAGTAR SINGH Vs. SUKHDEV SINGH & OTHERS

JUDGEMENT

(1.) Claiming himself to be in possession of the suit site more fully described in the cause title of the plaint, the petitioner, herein, filed suit before the trial Court for permanent injunction seeking to restrain respondents from usurping the same, as the latter made an abortive attempt to do so.

(2.) Respondent No.5 was ex-parte before the trial Court.

(3.) Respondents Nos. 1 to 4 and 6 in their separate two written statements averred that the petitioner is neither owner nor occupier of the suit site, who has no locus standi to file the suit, as also, he has produced a wrong site plan with the plaint. They produced the correct site plan after getting that prepared from the draftsman, who after visiting the spot prepared the same, as per the existing position at the spot. It was averred that as per the site plan, they are in possession of the suit site and that is being used for placing cow dung, rick, tethering cattles, preparing dung cakes. So, they claimed themselves to be in possession of the suit site and made prayer for dismissal of the suit.