GURCHARAN SINGH Vs. KEHAR SINGH

JUDGEMENT

(1.) PLAINTIFF and defendant are real brothers. Plaintiff filed a suit for permanent injunction restraining the defendant from interfering in his possession over the land described in the head-note of the plaint. According to the plaintiff, he is owner to the extent of 1/4th share in the joint holding and in possession of the whole of the suit land i.e. remaining 3/4th on Chakota of Rs. 800/- on annual basis, since the defendant now intended to interfere in his peaceful possession, hence the present suit.

(2.) DEFENDANT put in appearance and filed written statement. The defendant while admitting the ownership of the plaintiff to the extent of 1/4th share in the joint holding specifically denied his status as tenant at will on the basis of payment of Chakota amount in respect of the 3/4th share in the joint holding. According to the defendant, in fact, the never parted with possession of any part of the suit. The defendant further stated that some wrong entries made in the Khasra girdawari at the back of the defendant do not adversely affect his valuable right in any manner.

(3.) THE trial Court took up issues No. 1 and 2 together and after considering the oral as the well as documentary evidence adduced by the parties decided these issues in favour of the plaintiff. No evidence was led by the defendant in respect of issue No. 3 and so this issue was decided against the defendant. Resultantly, the suit of the plaintiff was decreed.