SURINDER MOHAN Vs. RAJ KUMAR

JUDGEMENT

(1.) PRESENT regular second appeal filed against judgment and decree dated 06.10.2012 passed by Court of Additional District Judge, Gurdaspur whereby appeal against judgment and decree dated 10.10.2008 passed by Additional Civil Judge (SD), Gurdaspur was dismissed.

(2.) FOR the sake of convenience the parties are being referred as per their status before the Courts of first instance.

(3.) DETAILED facts of the case have already been recapitulated in the judgments of the Courts below. However relevant facts for the purpose of decision of the present appeal that plaintiff had filed suit for permanent injunction for restraining the defendant from interfering in his possession on the plot in dispute. As per plaintiff, he is in physical possession of the said plot for the last more than 20 years as owner and using the same as Haveli. However defendant No.2 alleged that he had purchased the plot from Bhola Nath though Bhola Nath had no right or title in dispute. The said Bhola Nath was not residing in the village for the last more than 20 years. Even if there is any sale deed in favour of Bhola Nath by defendant No.2, the same is illegal null and void.