MANINDER PAL SINGH AND OTHERS Vs. AJIT SINGH

JUDGEMENT

(1.) The appellants/defendants have filed the present appeal against the judgment of the Additional District Judge, Gurdaspur, dated 16.9.2003 by which the judgment and decree passed by the Civil Judge (Jr. Divn), Gurdaspur, dated 1.2.2003 was set aside and the suit of the respondent/plaintiff for permanent injunction was decreed.

(2.) Briefly the facts of the case are that Ajit Singh filed a suit for permanent injunction wherein it was averred that he is in possession of land measuring 3 kanals 7 marlas situated in the revenue limits of village Qilla Nathu Singh, Tehsil and District Gurdaspur, and that the defendants are trying to interfere in his peaceful possession. It was averred that the suit land is recorded as Arazi Matruka and the Government is the owner of the suit land and that the plaintiff is paying rent to the Government and, therefore, the defendants be restrained from dispossessing the plaintiff from the suit land.

(3.) The defendants admitted that the suit land belongs to the Government but denied that the plaintiff was in cultivating possession of the suit land as a tenant. It was submitted that the defendants had purchased 14 kanals 2 marlas of land from the legal heirs of one Ram Rakha and other co-sharers vide sale-deed dated 6.5.2002 and the suit land forms part of the land purchased by the defendants. It was further averred that it was the defendants who are in possession of the suit land and the plaintiff is trespasser over the same. The trial Court held that the plaintiff is a trespasser over the suit land and, hence, is not entitled to the grant of permanent injunction. It was also held that the plaintiff was not in possession of the suit property as a tenant and that a trespasser is not entitled to any injunction against a co-sharer or a true owner.