LAWS(P&H)-1995-1-90

SUKHDEV SINGH Vs. CHARAN DASS

Decided On January 02, 1995
SUKHDEV SINGH Appellant
V/S
CHARAN DASS Respondents

JUDGEMENT

(1.) THIS a Regular Second Appeal against the judgment of the learned Additional District Judge, Gurdaspur, dated March 7, 1991 vide which he set aside the judgment and decree, dated June 13, 1989 of Shri N.K. Goel, Subordinate Judge First Class, Gurdaspur.

(2.) BRIEFLY stated, the facts are that the plaintiff respondents in this appeal sought a decree for permanent injunction restraining the defendant - appellants from interfering in their possession and of other co -sharers or dispossessing them from the land measuring 8 kanals 16 Marias, detailed in the head -note of the plaint, as mentioned in the jamabandi for the year 1981 -82. The allegations made in the plaint were that plaintiffs and other co -owners were owners in possession of the suit land and the defendant - respondents had no right, title or interest in the same. They were strong and influential persons and threatened to dispossess them (Plaintiffs) forcibly.

(3.) THE plaintiffs in their replication denied the factum of Sale Deed in favour of the defendants and reiterated the averments made in the plaint.