SURINDER SINGH Vs. MEHRU

JUDGEMENT

(1.) This regular second appeal is directed against judgment and decree dtd. 7/1/1998, whereby the learned First Appellate Court reversed the judgment and decree of learned trial Court dtd. 15/3/1996 by allowing the appeal and dismissing the suit for permanent injunction filed by present appellants/plaintiffs against the respondent-defendant.

(2.) For the sake of convenience, parties to the lis hereinafter, shall be referred to by their original status in the suit before the trial Court.

(3.) Brief facts of the case are that the plaintiffs instituted a suit seeking a decree of permanent injunction, restraining the defendant from raising any construction on a specific portion of land bearing khewat No.87, khatuni No.111, khasra No.506(6-13), situated in the area of village Darapur, Tehsil Phillaur, and from alienating the same without obtaining a partition. The plaintiffs assert that suit land is still joint and has not been formally partitioned between the parties. However, the defendant has threatened to raise construction forcibly on specific portion of the suit land and alienate that specific portion. Despite being requested to desist, the defendant has failed to listen, thereby necessitating to file the suit.