SANTOKH SINGH Vs. SUKHJIT SINGH & OTHERS

JUDGEMENT

(1.) The plaintiff filed a suit for bare injunction restraining the defendants from interfering with his possession on the ground that he and his father have been in continuous possession of the subject property right from the year 1950. It was also contended that in a litigation between Puran Singh, father of the plaintiff and the village panchayat, a judgement was rendered in favour of Puran Singh, but the records were destroyed in the year 1976. A panchayatnama was entered into between the plaintiff, his brothers and Gram Panchyat of village Sarai Khas on 28.4.1997, wherein the possession of the plaintiff was admitted. Contending thus, the plaintiff sought for permanent injunction.

(2.) The defendants disputed the claim of the plaintiff. They contended that the suit property was shamlat land under the possession of the defendants ever since partition of the country. Contending that the plaintiff has no concern with the disputed property, they sought for dismissal of the suit.

(3.) Both the Courts below chose to dismiss the suit and the appeal, as the case may be, on the ground that the plaintiff failed to prove his possession in the suit property.