JASPAL SINGH AND OTHERS Vs. LABH KAUR

JUDGEMENT

(1.) This appeal has been filed by the judgment debtors in a suit filed by the respondent-plaintiff, seeking a decree of permanent injunction against the appellants-defendants, that they be restrained from interfering in her peaceful possession of the land, of which she is owner in possession. The dispute is with regard to 8 kanals of land, bearing Khata No.218/456, Khasra No.22/11, as entered in the 'jamabandi' for the year 2004-05, situated in Village Sangatpura, Tehsil Ajnala, District Amritsar.

(2.) The learned Courts below, after discussing the entire evidence, including the documentary evidence, as also the oral testimonies on behalf of both the plaintiff and the defendants, came to the conclusion that the respondent-plaintiff earlier had two decrees in her favour, one of them dated 17.8.1982, against one Amar Singh. In execution of the said decree, the respondent-plaintiff had been ordered to be put in actual physical possession of the suit land, on 19.12.1984, which was forcibly entered into by Amar Singh. Pursuant to the execution of that decree, a report (Ex.P2) was entered in the revenue record, showing that she has been put in physical possession of the suit land. It was argued before the Courts below that, as a matter of fact, it was only symbolic possession and not physical possession, that was given to her. To that effect, revenue entries showing the land to be in possession of Gurdial Singh, i.e. one of the appellants-defendants, were relied upon.

(3.) Therefore, on the basis of the said decrees, the suit of the plaintiff (present respondent herein) was decreed by the Courts below and a decree of permanent injunction was issued against the present appellants, restraining them from interfering in the respondent-plaintiffs' peaceful possession of the suit land.