KASHMIR SINGH Vs. GURMEJ SINGH

JUDGEMENT

(1.) THIS is plaintiff's Regular Second Appeal against the judgment and decree passed by the first Appellate Court whereby the suit of the plaintiff for permanent injunction has been dismissed after reversing the findings of the trial Court.

(2.) I have heard the counsel for the appellant and gone through the judgments and decrees passed by both the courts below. In this case, the dispute is about the vacant plot, which is situated adjoining the house of the plaintiff. The suit property is situated within the 'lal dora' of village. Both the parties are claiming themselves to be owners in possession of the suit property. However, they did not produce any document with regard to the title of the suit property. The trial Court decreed the suit on the basis of the Local Commissioner's report wherein she has mentioned that she was told by Harjinder Singh, Sarpanch that the disputed site is being used by the plaintiff. Therefore, from the said averment in the report of the Local Commissioner, the plaintiff proved to be in possession of the suit property.