AVTAR SINGH Vs. KULDEEP SINGH

JUDGEMENT

(1.) VIDE this Regular Second Appeal, challenge has been made to judgment and decree dated 10.12.2011 of District Judge, Hoshiarpur vide which setting aside judgment and decree dated 24.12.2009 of the lower court, counter -claim of the defendants was accepted.

(2.) APPELLANT -plaintiff had filed a suit for permanent injunction restraining the respondents as also Narain Singh, Balwant Singh and Surinderpal Singh from interfering in possession of the plaintiff over the suit land comprised in Khasra No.32//63 (1 -18) as per Jamabandi for the year 2002 -03.

(3.) THE respondents did not contest the claim of the plaintiff and manifested their clear intention not to interfere in possession of the plaintiff over the suit land, whereupon the plaintiff made a statement in the lower court to the effect that the suit had become infructuous. Consequently, the suit was dismissed as such. In the said suit, the respondents had filed a counter -claim to the effect that the plaintiff, now appellant in this appeal, should be restrained from interfering in their possession over Khasra No.32//62 (0 -15) as per Jamabandi for the year 2002 -03. On the basis of pleading of the parties, following issues were framed by the lower court: