KASHMIR SINGH Vs. GURJIT KAUR

JUDGEMENT

(1.) Having suffered adverse concurrent findings by the two Courts below, plaintiff/appellant herein is in second appeal against the judgment and decree dtd. 25/9/2018, as upheld by learned First Appellate Court vide its judgment and decree dtd. 5/3/2020, vide which suit for permanent injunction restraining the defendants from interfering into his peaceful possession over the land in dispute, was dismissed.

(2.) Briefly stated, facts as noticed by Courts below are that plaintiff-appellant's father Jarnail Singh was the original owner in possession of the property in question. He died on 17/3/2016. Plaintiff and his brother and sisters inherited said property. Baldev Singh brother of the plaintiff also died later. After death of Baldev Singh, defendantBabbu contracted second marriage. Now plaintiff and his brother Gurmeet Singh are owners in possession of the suit property. Plaintiff also constructed one bathroom and toilet and installed motor in the suit property and defendants have no right, title or interest in the same. Defendant No.1 is claiming suit property on the basis of forged and fabricated documents and threatened to interfere in their peaceful possession. Hence, the suit.

(3.) Upon notice, defendants appeared and filed written statement taking preliminary objections regarding maintainability; concealment of true facts; locus standi; misjoinder and non joinder of necessary parties; cause of action.