JAI SINGH AND OTHERS Vs. SHIV DEV SINGH

JUDGEMENT

(1.) This is defendants' second appeal challenging the judgment and decree of the trial Court, whereby suit of the plaintiff-respondent was decreed and the appellants were restrained from cutting and removing the Poplar trees standing over the land, as detailed in the head note of the plaint, till partition is effected between the parties. Further challenge has been made to the judgment and decree passed by the first appellate Court whereby appeal filed on behalf of the defendant-appellants against the aforesaid judgment and decree of the trial Court was dismissed.

(2.) The plaintiff-respondent filed the present suit against the defendant-appellants seeking the relief of permanent injunction on the averments that the suit land measuring 30 Kanals 3 Marlas, as detailed in the head note of the plaint, was jointly owned by him with the defendant-appellants along with other co-sharers and the same has not been partitioned among its co-sharers by any competent authority. It was further averred that they have planted Poplar trees over the suit land and defendants were openly threatening the plaintiff that they would cut and remove the Poplar trees standing over the suit land forcibly and illegally to which they had no right and in case the defendants succeed in materialising their aforesaid threats, the plaintiff and other co-sharers shall suffer an irreparable loss and injury, which cannot be compensated in terms of money. Despite his repeated requests, the defendants did not admit his claim, hence, necessity arose to file the instant suit.

(3.) Upon notice, the defendant-appellants appeared and contested the suit raising various preliminary objections in the written statement. According to them, the plaintiff and defendants were in separate hissedari possession over the suit property. The plaintiff had cut the Poplar trees coming in his hissedari possession and now when the defendants wanted to cut the Poplar trees coming in their hissedari possession, the plaintiff has filed the instant suit with a motive to usurp the Poplar trees coming in their hissedari possession and thus, they have every right to cut and remove the Poplar trees coming in their hissedari possession and therefore, the suit was liable to be dismissed.