HARI SINGH AND ANOTHER Vs. TARLOCHAN SINGH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and decree dated 11.10.2013 passed by Shri Mandip Singh Dhillon, Additional District Judge, Gurdaspur, vide which the appeal preferred by the defendants-appellants against the judgment and decree dated 03.11.2011 passed by Ms. Rashmi Sharma, Civil Judge (Junior Division), Batala, was dismissed.

(2.) Briefly stated, Tirlochan Singh filed a suit for permanent injunction with the allegations that the suit property as mentioned in head note of the plaint was co-owned and possessed by him along with his brothers Davinder Singh and Manjit Singh. The defendants were neither cosharers nor vendees in the suit property. However, they were threatening to dispossess the plaintiff from the suit property. They were requested many a times not to do so but in vain. Hence, the suit was filed.

(3.) Upon put to notice, defendants filed joint written statement denying the ownership of plaintiff over the suit property. It was further pleaded that the entries incorporated in the revenue record were illegal. It was further pleaded that the defendants are in possession over the suit property for the last more than 50 years. The other averments were denied.