MAHABIR Vs. ZILE SINGH

JUDGEMENT

(1.) The Regular Second Appeal in the States of Punjab and Haryana and Union Territory, Chandigarh is governed by Sec. 41 of the Punjab Courts Act, 1918 and not by Sec. 100 of the Code of Civil Procedure, 1908, as held by a five Judge Bench of the Supreme Court in Pankajakshi (Dead) through LRs v. Chandrika and Others (2016) 6 SCC 157.

(2.) In this regular second appeal, the defendants assails the correctness of the concurrent findings of facts arrived at by both the Courts below while decreeing the plaintiffs' suit for the grant of permanent injunction restraining the defendants from interfering in their peaceful possession over the land measuring 6 kanals and 13 marlas comprised in killa No. 86/16.

(3.) In order to comprehend the issue involved in the present case, the relevant facts, in brief, are required to be noticed. The plaintiffs filed a suit claiming that their father Badlu Ram had been in cultivating possession of the suit property as a tenant at the yearly rent of Rs.400.00 and the defendant No.2, who had purchased the land measuring 8 marlas from Suraj Bhan in the disputed property vide registered sale deed dtd. 16/5/2006, should be restrained from forcibly dispossessing them. The defendants, while contesting the suit, submitted that Suraj Bhan, vendee, was in possession of the property who had transferred the same in favour of the defendants vide sale deed dtd. 16/5/2006 with respect to the land measuring 8 kanals.