SARWAN KUMAR & OTHERS Vs. SHANKAR & ANOTHER

JUDGEMENT

(1.) The brief facts leading to the present appeal preferred by the plaintiffs are that one Mangal Singh was a big land-owner. Shankar-respondent No.1 (defendant) was a tenant under the said landowner. After the death of Mangal Singh, his property was inherited by his wife Smt. Rameshwari Devi, who sold the land to Amar Nath, who in turn sold the same to Gian Singh. Another parcel of land was sold to the present appellant by Rameshwari Devi in June 1974.

(2.) Shankar earlier filed a suit for permanent injunction for restraining Gian Singh and Sarwan Kumar from taking forcible possession, claiming possession of the land as a tenant, but he was dispossessed during the pendency of the suit. Shankar filed Civil Suit No.50 of 28.11.1979 for possession. The said suit was dismissed by the trial Court, but decreed by the first Appellate Court on 23.01.1985 (Ex P-1). Further appeals before this Court and before the Hon'ble Supreme Court remained unsuccessful.

(3.) In execution of the decree for possession, Sarwan Kumar, the present appellant, filed objections which were dismissed on 2.3.1987 (Ex P-6). Later, the judgment debtor made a statement that the possession of the land shall be given by 30.11.1987. The possession was delivered on 15.4.1988 delivered with the assistance of police and executive authorities after the Judgment debtor failed to honour his undertaking. It is asserted by the respondent No.1 that he was put in physical possession of the suit land on the said date, but again a suit for injunction was filed on 15.04.1988 by the present appellant after possession was delivered without disclosing previous proceedings inter parties. The present appeal arises out of the said suit.