LAWS(P&H)-2014-7-112

NARINDER KUMAR Vs. HARDIAL SINGH

Decided On July 14, 2014
NARINDER KUMAR Appellant
V/S
HARDIAL SINGH Respondents

JUDGEMENT

(1.) SUIT filed by the plaintiffs was decreed by the trial Court vide judgment and decree dated 01.08.2009. The appeal preferred against the said decree by the defendants succeeded and was, accordingly, accepted vide judgment and decree dated 05.05.2012, and the suit of the plaintiff was dismissed. That is how, the plaintiffs are before this Court in this Regular Second Appeal. Parties to the lis, hereinafter, would be referred to by their original positions in the suit.

(2.) PLAINTIFFS prayed for a decree for injunction that defendants be restrained from interfering in their peaceful possession or causing their forcible dispossession from agricultural land comprised in khewat/khatauni No. 40/185, khasra No. 24//6(8 -0), 7(8 -0), 14(8 -0), 20(9 -0) situated at Village Jalalpur, Tehsil Samana, District Patiala.

(3.) DEFENDANTS No. 1, 3 and 4 pleaded in defence that the sale deeds being propounded by the plaintiffs were forged and false, and does not contain any khasra number. Rather, the suit land was in cultivating possession of defendants No. 1, 3 and 4. It was maintained that even the suit for injunction between defendants and the Gram Panchayat was decided in their favour vide a decree dated 26.03.2007 in Civil Suit No. 247 dated 10.08.2005. A suit for rendition of accounts, based on the sale deeds being relied upon the plaintiffs, was dismissed by the Collector/SDM, Patran.