KIRAN BALA Vs. VED PARKASH

JUDGEMENT

(1.) For convenience, parties herein are addressed as per the recitals before learned trial Court.

(2.) Having suffered concurrent adverse findings by the two Courts below, appellants/ defendant are in second appeal before this Court assailing learned trial Court judgment and decree dtd. 12/1/2012, as upheld by learned First Appellate Court vide its judgment and decree dtd. 5/5/2014, decreeing the suit of plaintiff-respondent for permanent injunction for restraining appellant-defendants from interfering in peaceful possession of plaintiff.

(3.) Briefly stated, facts, as noticed by learned Courts, are as below: 3.1 Land bearing khewat/ Khatauni No.146/164, Khasra No.10//6/7/1measuring 3 Kanals was agricultural land and land comprised in Khewat/ Khatauni No.214/245, Khasra Nos.45, 129/2 measuring 5 Marlas was Gair Mumkin Bara (for tethering cattle and other uses) under the tenancy of Sh. Rama Nand, grandfather of plaintiff, as per revenue record. After the death of Rama Nand, plaintiff being his grandson stepped into possession of above mentioned suit land and has been in possession of the property in dispute since 1986. Appellant/defendantNo.1 alleged to have purchased suit land on the basis of doubtful General Power of Attorney from its original owners without any notice to plaintiff-respondent, who was tenant over the property. Defendants started interfering into peaceful possession of plaintiff over suit land and threatened to dispossess him forcibly and illegally without any legal right.