MAKHAN SINGH Vs. NIRANJAN SINGH AND ANOTHER

JUDGEMENT

(1.) Present Regular Second Appeal is against concurrent findings of both the Courts below whereby suit filed by plaintiff-appellant for declaration and permanent injunction was dismissed by Court of first instance and appeal dismissed by First Appellate Court.

(2.) For the sake of convenience the parties are being referred to as per their status before the Court of first instance.

(3.) Relevant facts for the purpose of decision of appeal that plaintiff-appellant filed suit for declaration and permanent injunction to the effect that he is owner and in possession of land measuring 0 Kanal 06 Marlas comprised in Khasra number 687(0-6) of village Aklia Kalan, Tehsil and District Bathinda. As per plaintiff, his possession as owner on the suit property is since long and he has already set up two Gobar Gas Plants, Khurlies for cattle, 'Kururies' etc; and also done fencing around the same. The demarcation was done by Revenue Department showing the possession of the plaintiff over the suit property as per report dated 18.05.2010. Plaintiff became owner in possession of the suit land on the basis of agreement itself. However, defendants want to grab the suit land. They tried to do so and matter was reported to the police vide FIR No.57 dated 26.05.2010 at Police Station Nehianwala, District Bathinda.