CHAMKAUR SINGH Vs. ROOR SINGH AND OTHERS

JUDGEMENT

(1.) Suit for permanent injunction preferred by the respondents stands decreed by both the Courts below. Aggrieved of the same, the appellant, who is the sole defendant, has preferred the present second appeal.

(2.) In their suit, the plaintiffs averred that they were owners in possession of the suit property which was their ancestral property. Despite the same, the defendant was threatening to interfere in their possession without having any right or title in the suit property. The suit was contested by the defendant-appellant by filing a written statement averring therein that plaintiff-Roor Singh had already sold the suit property to Gurdial Singh who later on, agreed to sell the same to the defendant's father Gurdev Singh vide agreement to sell dated 22.6.1981 and, therefore, he was owner in possession of the suit property and the plaintiffs-respondents had no concern with the same.

(3.) Both the Courts below, after perusing the pleadings of the parties and considering the evidence led by them held that the plaintiffs were owners in possession of the suit land and the defendant could not claim any title over the same on the basis of unregistered document, i.e sale deed executed by Roor Singh and the agreement to sell dated 22.6.1981 executed by Gurdial Singh. Moreover, the defendant was also not in possession of the suit property.