KARNAIL SINGH Vs. BALWANT SINGH AND ANOTHER

JUDGEMENT

(1.) This is an appeal directed by plaintiff/appellant against the judgment and decree dated 02.09.2014 passed by Mrs. Mandeep Kaur, Additional District Judge, Kapurthala vide which the appeal preferred by the plaintiff against the judgment and decree dated 12.09.2013 passed by Mrs. Kiran Bala, Civil Judge ( Senior Division ), Kapurthala was dismissed.

(2.) Briefly stated Karnail Singh filed suit for permanent injunction in respect of land described in the heading of the plaint. It is alleged that Central Government is the owner of the land in dispute. Plaintiff is in actual possession since the times of his forefather i.e. 1970 i.e. for more than 38 years. Earlier the land was in the name of Shingara Singh and then in the name of Balwant Singh son of Gurdeep Singh. Gurdeep Singh never came into possession of this land. Gurbachan Singh father of plaintiff was in possession of the suit property and after his death the plaintiff is in peaceful possession of the land. However, Balwant Singh got entry in the revenue record in connivance with revenue official. The plaintiff is cultivating the land since long and had sown fodder and 'Till' crops. The plaintiff has also installed hand pump over there. Plaintiff filed an application for correction of khasra girdwari and reserved the right to file the suit. Defendants tried to take forcible possession. Hence this suit.

(3.) Defendant No.2 was served but he has not appeared and as such he was ordered to be proceeded ex-parte.