NIRANJAN SINGH Vs. SUKHWANT SINGH AND ANOTHER

JUDGEMENT

(1.) Impugned in the present regular second appeal is the order dated 07.01.2012 passed by learned Addl. District Judge, Sri Muktsar Sahib, vide which the appeal filed by the plaintiff was allowed and the judgment and decree dated 10.05.2011 passed by learned Addl. Civil Judge (Sr. Divn.), Gidderbaha was reversed and findings were set aside qua issue No.2 whereas judgment and decree under challenge qua issue No.1 was upheld. The cross objections filed by the defendants against issue No.1 were also dismissed being meritless.

(2.) A perusal of the original file shows that Sukhwant Singh filed a suit for permanent injunction restraining the defendants for causing any interference or dispossessing the plaintiff from land measuring 32 kanals 9 marlas fully detailed in the headnote of the plaint, situated within the revenue limits or village Lambi, Tehsil Malout, District Muktsar, illegally, forcibly except in due course of law.

(3.) According to the plaintiff, the suit property is shown to be the property of provincial government, which was alleged to be temporarily allotted to Tehal Singh son of Sulakhan Singh, predecessor-in-interest of the plaintiff. Tehal Singh died and mutation of inheritance of Tehal Singh was sanctioned in favour of his widow, daughters and son vide mutation No.2189. It was claimed that suit property was previously in possession of Piara Singh son of Tehal Singh S/o Variyam Singh, uncle of the plaintiff for last more than 30 years and his possession was accordingly recorded in the jamabandi for the year 1969-70. Thereafter, Plaintiff- Sukhwant Singh, Jaswant Singh son of Piara Singh son of Variyam Singh are shown to be in possession of suit land as per the entries in the jamabandi for the year 1999-2000 and khasra gardawris up to Haari 2002. Plaintiff and Jaswant Singh had not surrendered the possession of the suit land to anybody. They are in continuous possession of the suit land without any protest, openly to the knowledge to all concerned including the defendants and their possession is continuous, hostile, notorious and without paying any share of the crop to any person. They have become owners of the suit land in equal share by way of adverse possession. The plaintiff reserved his rights to file the suit for declaration to the effect that he along with Jaswant Singh have become the owners of the suit land.