SAMMA SINGH Vs. KAPUR SINGH

JUDGEMENT

(1.) THIS Regular Second Appeal has been filed by defendants 1 and 2 (appellants herein) against the judgment and decree, dated October 1, 1985 of the trial Court vide which the suit for permanent injunction filed by Kapur Singh plaintiff (respondent No. 1 in this appeal) on the basis of possession was decreed, which on appeal was affirmed by the Additional District Judge, Jalandhar, vide his judgment and decree, dated February 23, 1989.

(2.) BRIEF facts of the case are that Kapur Singh son of Thakur Singh plaintiff filed a suit for a decree of permanent injunction restraining the defendants from interfering in the lawful and peaceful possession of plaintiff over the land measuring 24 Kanals 0 Maria, comprised in Khewat Kahtauni No. 29/61, Killa Nos. 14/13 (8-0), 14 (8-0), 17 (8-0), situate in the are of Village Kaimwala, Tehsil Nakodar, District Jalandhar, as owner, as per Jamabandi for the year 1978-79, alleging that the land was owned and possessed by him as the same was purchased from the Tehsildar Sales and the defendants had no right or title to the suit land but they were threatening to dispossess him forcibly from the said land. The defendants refused to admit the claim of the plaintiff. Hence, Kapur Singh plaintiff was compelled to file the suit.

(3.) ON merits, it was alleged that defendant No. 1 was in possession of the land in suit for the last more than twenty years and the plaintiff was neither in possession nor was he an owner of the suit land. Therefore, the suit deserved to be dismissed.