MOHINDER SINGH AND ORS. Vs. BANTO AND ORS.

JUDGEMENT

(1.) THIS Regular Second Appeal is preferred by the defendants against whom suit for permanent injunction to restrain them from interfering or dispossessing the respondent -plaintiff from the land in dispute though was dismissed by the learned Sub Judge 1st Class, Pathankot vide judgment and decree dated. 19.10.1983 but has been decreed by learned Additional District Judge, Gurdaspur vide impugned judgment and decree dated 04.04.1985. The case of the respondent -plaintiffs was that the land in dispute measuring 307 kanal 17 marlas situated in village Estate of Narainpur, Tehsil Pathankot is Shamlet Deh Hasab Rasab Khewat and it was in their exclusive possession and that the appellants -defendants have no right to interfere in the peaceful possession of the formers. The appellants contested the suit and claimed joint possession of the suit land to the extent of half share alongwith respondents -plaintiffs. They relied upon order dated 17.05.1966 (Ex. D -2) passed by the Collector, Gurdaspur, besides certain entries in the revenue record comprising Fard Barad (Ex. D -1).

(2.) THE trial Court framed the following issues: - -

(3.) The trial Court while deciding issue No. 1 held that the respondents -plaintiffs could not prove their exclusive possession, rather appellant No. 1 established himself to be a co -sharer alongwith plaintiffs, hence, the respondents were not entitled to injunct the appellants. On an appeal preferred by the respondents, the First Appellant Court while dealing with issue No. 1 has held that as the land in dispute is Shamlet Deh Hasab Rasab Khewat and is in exclusive possession of Smt. Banto and other respondent -plaintiffs, therefore, the appellants have no right to interfere with their possession. It further observed that "all that they can claim is partition of shamlat deh". Consequently, the appeal preferred by the respondents -plaintiffs was allowed and the appellants were restrained from interfering from possession.