PARMA NAND Vs. SUCHA SINGH

JUDGEMENT

(1.) THIS judgment shall dispose of Regular Second Appeal No. 1770 of 1992 and 799 of 1991 directed against the judgment and decree of the District Judge, Karnal, dated 7. 12. 1990.

(2.) TWO suits were filed; one civil suit No. 641 of 1985 was filed by Sucha Singh against Parmanand on 4. 3. 1985 for permanent injunction restraining the defendant from interfering in his peaceful possession. Parma Nand filed civil suit No. 743 of 1985 on 27. 5. 1985 claiming identical relief i. e. restrain order against the defendant not to interfere in his possession over the suit land. Both the suits were consolidated. The Court further directed that evidence will be taken in civil suit titled Sucha Singh v. Parma Nand.

(3.) AFTER allowing the parties to lead evidence in respect of issues framed, the trial Court chose to decide issues No. 1,2 and 3 together and held that Parma Nand has failed to prove that any mortgage in respect of the suit land was created in the name of his ancestors nor he was able to prove his ownership by adverse possession. So the trial Court held that plaintiff Sucha Singh was allotted the suit land and possession of the same was actually delivered to him. These issues were decided in favour of the plaintiff and against the defendants. Issue No. 4 was also decided in favour of the plaintiff holding that proper Court fee has been affixed. Similarly, plea of the defendant that the suit is barred by limitation was found to be devoid of substance. Issue No. 5 was decided against the defendant. Issues No. 6, 7 and 8 were decided against the defendants. Resultantly, the suit titled Sucha Singh v. Parma Nand was decreed with costs restraining the defendant from taking forcible possession of the suit land and the other suit titled Parma Nand v. Sucha Singh was ordered to be dismissed.