PREM SINGH Vs. AMI LAL

JUDGEMENT

(1.) By way of present appeal, challenge has been laid to the judgments and decrees dtd. 10/3/2014 and 8/11/2017 passed by the Courts below, whereby a suit for permanent injunction, filed at the instance of respondent-plaintiff stands decreed.

(2.) Briefly stating, the respondent-plaintiff filed a suit for permanent injunction claiming himself to be owner in possession of the suit property-plot (marked as ABCD in the site plan annexed with the plaint) by virtue of sale certificate dtd. 20/3/1961 (EX.P1) issued by the Tehsildar (Sales). It was further pleaded that the appellant-defendants without any right or interest over the property in question were trying to interfere with the peaceful possession of respondent-plaintiff, thus, compelling him to file the suit.

(3.) Upon notice, the appellant-defendants appeared and filed their written statement while submitting that they were owners in possession of the suit property by virtue of sale certificate dtd. 9/5/1959 issued in favour of their predecessor-in-interest and thus, the suit filed at the instance of respondent No.1-plaintiff was liable to be dismissed. In addition, a counter claim was also set-up by appellant as well as proforma respondents seeking decree for permanent injunction against respondent No.1-plaintiff.