GURTEJ SINGH Vs. BABU SINGH

JUDGEMENT

(1.) Plaintiff who is none other than the son of the defendant, filed a suit for permanent injunction before the trial Court. The same was decreed as against which the defendant preferred an appeal and the same was allowed by the first appellate Court. Therefore, the plaintiff has preferred the present appeal challenging the judgment and decree of the first appellate Court.

(2.) Plaintiff has contended that the defendant is admittedly the owner of the suit property. But having contended that he has been in possession and enjoyment of the suit property since 2004 and the same has been noted down by the Assistant Collector II Grade, Mansa, in his proceedings dated 1.2.2008, the suit for permanent injunction was filed by him about 10 days thereafter viz., 12.2.2008.

(3.) Defendant contended that he, along with other co-sharers being the owner of the suit property, has been in possession and enjoyment of the same along with the co-sharers. As the plaintiff was never in possession of the suit property, the question of wielding threat of dispossession does not arise.