JOGINDER SINGH Vs. JARNAIL SINGH

JUDGEMENT

(1.) C.M. No. 12875-C of 2012

(2.) The detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. However, the brief facts are to the effect that plaintiff filed suit for permanent injunction restraining the defendant from forcibly dispossessing him or interfering in his possession over the house in dispute, mentioned in the head-note of plaint. It was pleaded that parties to the suit are real brothers. Previously, their father Sucha Singh was owner in possession of the house in dispute, who had sold the same to the plaintiff on 01.03.2002 for valuable consideration vide receipt dated 01.03.2002 possession of which was also delivered to the plaintiff. Since then, the plaintiff has been in continuous possession of the same. It was pleaded that the defendant, without any right, was allegedly bent upon to interfere in the possession of the plaintiff over the house in dispute. Hence, suit was filed.

(3.) Defendant resisted the suit and filed written statement taking various preliminary objections. On merits, it was pleaded that father of the parties was owner in possession of the house in dispute. It was denied that the plaintiff has purchased the house in dispute from his father or that he is owner in possession of the house in dispute. It was pleaded that possession was never delivered to the plaintiff. Other averments in plaint were denied.