PAKHAR CHAND Vs. JASVINDER KAUR

JUDGEMENT

(1.) Pakhar Chand-plaintiff filed a civil suit No. 321 of 1980 against Jaswinder Kaur defendant for issuance of permanent injunction restraining her from interfering in his peaceful possession and enjoyment of the suit land.

(2.) The suit was contested by the defendant. Her case is that she being a war-widow, the suit land was allotted to her. The plaintiff had challenged that allotment and fought the litigation upto logical and but lost. He also filed a suit for permanent injunction previously wherein it was ordered that he will not be dispossessed except in due course of law and, therefore, she moved an application for delivery of possession of the suit land and in those proceedings, she was put in actual physical possession thereof. Learned Sub Judge I Class, Nakodar, vide his judgment and decree dated 21.1.1982 decreed the suit of the plaintiff partly thereby restraining the defendant from interfering in his peaceful possession in respect of two Khasra Numbers only, that is, 11/10 min (1-10) and 11/21/1 min (4-0) and the rest of the suit of the plaintiff was dismissed.

(3.) Feeling aggrieved, both the parties filed appeals. Both these appeals, namely, 272 of 1983 'Pakhar Chand v. Jaswinder Kaur,' and 273 of 1983 Jaswinder Kaur v. Pakhar Chand' were disposed of by one common judgment and decree dated 10.2.1984 passed by the learned Additional District Judge, Jalandhar.