MULKH RAJ ETC Vs. DES RAJ ETC

JUDGEMENT

(1.) This second appeal, is directed against the judgment dated May 29, 1972, delivered by the learned Senior Sub-Judge, Patiala, exercising enhanced appellate powers. The appellants brought a suit for perpetual injection with a prayer that the defendants be restrained from taking forcible possession of land interfering with the possession of the plaintiffs of a site situate at Rajpura. This suit was contested by the respondents on the ground that the appellants were neither the owners of the property in dispute nor were they in possession thereof. On the pleadings of the parties, the learned trial Court framed the following issues :-

(2.) Both the issues were decided in favour of the appellants and their suit was decreed. In appeal the learned Senior Sub-Judge came to the conclusion that the appellants had not claimed an issue on the question of adverse possession and so no finding of title in their favour on this ground could be given. He, however, held that since the appellants were in peaceful possession of the property in dispute, they were entitled to get an injection that they be not dispossessed from this property save in accordance with law.

(3.) In this appeal, the appellants have submitted that the respondents had set up a spurious sale deed for showing that the site in dispute belonged to them. This deed had been held to be a forged one and the result of the judgment under appeal is that the question of title was against made fluid.