KARAMJIT KAUR Vs. MANJIT SINGH

JUDGEMENT

(1.) This regular second appeal has been preferred by the defendants against whom a suit for permanent injunction has been decreed by both the Courts.

(2.) The respondent-plaintiffs No. 1 to 3 filed a suit for permanent injunction alleging, inter alia, that they are owners in possession of the land situated in the revenue estate of village Majri Azim, Tehsil & District Fatehgarh Sahib fully described in the plaint. The aforesaid land was purchased by them from Sishan Singh son of Dhara singh and Satwinder Singh and Paramjit Singh sons of Sishan Singh through registered sale deed No. 661 dated 23.5.1990.

(3.) Similarly, respondent Nos. 4 and 5 were also owners in possession of khasra No. 18 min of rectangle No. 9 which they purchased from Gurbachan Singh (defendant No. 3) vide sale deed No. 4061 dated 11.1.1986 registered on 28.2.1986. It was alleged that Gurbachan Singh (defendant No. 3) and his coowner Sishan Singh sold these lands with a 'passage' which at the time of oral partition, was specifically described as "Pahi" and is used by the plaintiffs for approaching their lands. However, defendant Nos. 1 and 2 in connivance with defendant No. 3 have threatened that they shall encroach upon the land falling in the "Pahi". Hence, the suit for permanent injunction was filed.