NAND KISHORE Vs. DARA SINGH

JUDGEMENT

(1.) The plaintiff is in second appeal aggrieved against the judgment and decree passed by the First Appellate Court whereby his suit for permanent injunction though decreed by the trial Court was dismissed in appeal by the First Appellate Court.

(2.) Earlier, the plaintiff had filed a suit for possession of land measuring 14 kanals 6 marlas situated in the revenue limits of Basti Bhiwan, Tehsil Fatehabad, District Hisar. The decree passed by the trial Court was affirmed by the Additional District Judge, Hisar on 8.3.1979. It is the case of the plaintiff that in execution of the such decree, the possession of 9 kanals 4 marlas was delivered to the plaintiff on 13.7.1979 vide rapt roznamcha, Ex.PW -3/1 and possession of the remaining land measuring 5 kanals 2 marlas was delivered to the plaintiff vide rapt roznamcha, Ex.PW -3/2. Since the defendant threatened to interfere in possession in spite of possession so delivered, the plaintiff filed the present suit for injunction.

(3.) The learned Trial Court decreed the suit. But the learned First Appellate Court dismissed the same on the round that the execution application filed by the plaintiff was dismissed for want of prosecution on 29.9.1979 and that the Local Commissioner appointed has reported the possession is that of the defendant on 10.10.1979.