KULDEEP SINGH Vs. NIHAL SINGH

JUDGEMENT

(1.) Briefly stated, facts of the case are that plaintiffs Nihal Singh and others had brought a suit against defendants Kuldeep Singh and others seeking a declaration that they along with proforma defendants are owners in possession of suit land measuring 116 kanals 6 marlas and decree dtd. 8/11/1982 in favour of defendants with regard to the suit land is illegal so are all subsequent transactions i.e. mutation, partition, transfer and entries etc. The plaintiffs had further craved for grant of permanent injunction restraining the defendants from alienating the suit property or creating any charge over it; in addition seeking possession of the suit land free from all encumbrances from the defendants.

(2.) That civil suit was decreed vide judgment and decree dtd. 3/11/2017. In that judgment and decree, in addition to the relief of declaration, permanent injunction and possession, the plaintiffs were held entitled to annual mesne profits @ Rs.15,000.00 per acre with 9% interest from the defendants for the use and occupation of suit land w.e.f. the date of filing the suit till the time possession of suit land was handed over to the defendants.

(3.) The plaintiffs had filed a petition for execution of such judgment and decree in their favour.