KARTAR SINGH Vs. CHARAN SINGH

JUDGEMENT

(1.) THIS regular second appeal has been filed challenging the judgment of reversal dated 7.12.2013 passed by the District Judge, Ferozepur whereby an appeal under Section 96 CPC filed against the judgment and decree dated 23.2.2010 passed by the Additional Civil Judge (Senior Division), Ferozepur dismissing the suit of the plaintiff was accepted.

(2.) THE plaintiff -appellant had filed the suit for permanent injunction on the allegations that the plaintiff was in exclusive possession of the suit land measuring 31 kanals 14 marlas as detailed in the head note of the plaint situated in Village Ghall Khurd, Tehsil and District Ferozepur as co -sharer. The defendants - respondents have got no title or interest in the suit land, but they are bent upon to dispossess the plaintiff from the suit land forcibly for which they have got not right to do so. The defendants -respondents tried to forcibly dispossess the plaintiff -appellant from the suit land but they could not succeed Upon notice, defendants admitted that the plaintiff is co -sharer in the joint land but denied that the plaintiff is in possession of the land in dispute. Entries in the Khasra Girdawari have been wrongly recorded in the name of the plaintiff. It was pleaded that defendant no.1 along with Gurnam Singh had already filed an application for correction of Khasra Girdawari regarding the land measuring 4 kanals 6 marlas comprising or Rect. No. 45 Killa No. 3/1, on which defendant no.2 has constructed his residential house and is residing therein along with his family members.

(3.) THE following issues were framed by the trial Court: