TELU RAM Vs. BADHU RAM

JUDGEMENT

(1.) THIS is an appeal against the judgment and decree of the Additional District Judge, Karnal, dated January 3, 1979 vide which he set aside the judgment of the learned Subordinate Judge First Class, Kurukshetra, dated October 29, 1976 grating a decree to the plaintiff for permanent in junction restraining the defendants from interfering with the possession of the plaintiff over the suit property otherwise than in due process of law.

(2.) IT is the judgment of the learned Additional District Judge, Karnal reversing the judgment of the trial Court which is sought to be set aside in this Regular Second Appeal.

(3.) BRIEFLY stated the facts are that the plaintiff-applicant brought a suit for permanent injunction against the defendant-respondents on the allegations that one Daulat Ram who was the owner of the property detailed in Para No. 1 of the plaint had sold the same to the plaintiff-appellant vide Sale Deed, dated September 27, 1946 and at the time for the sale there were shops on the said property which fell down some time later and the plaintiff-appellant was using the said property for tethering his cattle etc. The defendant-respondents tried to interfere with the said possession and thus, he filed a suit for permanent injunction against them. The defendant-respondents in the written statement denied the allegations of the plaintiff-appellant about his being owner or in the possession of the above property. It was alleged by them that Moola, father of respondent No. 1 and the plaintiff-appellant was owner of the said property and after his death in the family partition the above said property had fallen to the share of respondent No. 1 and he (respondent No. 1) was in possession of the same since then.