NARAIN SINGH Vs. SOHAN LAL

JUDGEMENT

(1.) Defendant No.1-Appellant (Narain Singh) assails the judgment and decree dtd. 17/5/1990 passed by the Court of learned Addl. District Judge, Faridabad, dismissing the appeal preferred against the judgment and decree dtd. 11/8/1989 passed by the Court of learned Addl. Senior Sub- Judge, Faridabad, vide which the suit for permanent injunction filed by respondent No.1- plaintiff (Sohan Lal), was decreed.

(2.) For the sake of convenience and clarity, parties shall be referred to as per their original status.

(3.) Plaintiff-Sohan Lal filed a suit for permanent injunction restraining defendant No.1-Narain Singh from interfering in the peaceful possession of the plaintiff over agricultural land measuring 7 kanals 11 marlas (fully described in the plaint), situated within the revenue estate of Village Mawai, Tehsil Ballabgarh, District Faridabad (hereinafter to be referred to as the "suit land"). It was claimed by the plaintiff that he alongwith defendant No.2-Mohan Lal (proforma defendant), who are real brothers were in cultivating possession under Shamilat Deh, being co-sharers of the suit land. Reliance was placed upon entries in the Jamabandis for the years 1976-77, 1971-72, 1966-67, 1961-62 and 1954-55. It was averred that defendant No.1 had no right, title or interest in the suit land. Despite having been requested, he did not admit the claim of the plaintiff and was bent upon interfering in his peaceful possession, as a result of which the suit was filed.