PRAHLAD Vs. RAJINDER

JUDGEMENT

(1.) THIS judgment shall dispose of two appeals i.e. R.S.A. No. 46 of 1984 and R.S.A. No. 47 of 1984 as similar facts and common questions of law are involved in the both the cases. For the sake of convenience, the facts are borrowed from R.S.A. No. 46 of 1984.

(2.) THE defendants having lost concurrently, before the two courts below, have chosen to file the present Regular Second Appeal. The plaintiff Rajinder filed a suit for permanent injunction for restraining the defendants from interfering in his possession over the suit land and from dispossessing him from the suit land without due process of law. It was pleaded by him that land measuring 28 kanals 5 marlas is in his possession for the last more than seven years, prior to the filing of the suit and that his possession has been peaceful. It was claimed that the defendants were trying to interfere in his possession without any justification and along with other owners, were trying to forcibly dispossess him from the suit land. List of other joint owners was also filed in the schedule and suit was filed against all the other owners in a representative capacity. The plaintiff claimed that he could not be dispossessed from the suit land without any due process of law. The suit was contested by the defendants. It was claimed by them that the plaintiff is not in possession of the suit land and thus, the suit was not maintainable. It was further claimed by the defendants that there are three parties in the village - Killa No. 9/14 is in possession of Ram Jiwan and Hazari of Patti Ganga Ram, Killa Nos. 5/21, 6/25 and 30/11 was in possession of Jyoti Sarup of Har Narain Patti and Killa Nos. 6/21 and 5/21 were lying Banjar and Killa No. 30/1 has not been cultivated for the last 5/6 years. Accordingly, they claimed that the suit of the plaintiff was liable to be dismissed.