BHAN SINGH Vs. TEJ SINGH

JUDGEMENT

(1.) THE appellants are the legal representatives of unsuccessful plaintiff Bishna and they have filed the present appeal and it has been directed against the judgment and decree dated 6. 2. 1979 passed by the Additional District Judge, Karnal, who accepted the appeal of the defendants Teja and others by setting aside the judgment and decree of the trial Court dated 15. 2. 1975 and dismissed the suit for permanent injunction of plaintiff Bishna, now represented by Bhan Singh and others.

(2.) BRIEF facts of the case are that Bishna plaintiff (deceased) filed a suit for permanent injunction that the defendants be restrained from interfering in his possession over the Bara in question, which was allegedly owned and possessed by him from the times of his ancestors and over which he had been putting his heap of rubbish, which was lying there at the time of the institution of the suit. The plaintiff alleged that he was the owner in the Shamilat Deh and Abadi Deh. He was one of the proprietors of the village. He was enjoying the possession over the Bara in dispute and that the defendants wanted to interfere in his possession but they had no right to do so. Hence the suit.

(3.) ON the above pleadings of the parties, the trial Court framed the following is-sues: