RAJINDER SINGH Vs. GURMEJ SINGH

JUDGEMENT

(1.) Feeling aggrieved against the impugned judgment and decree dtd. 9/1/2015 passed by the learned District Judge, Gurdaspur, whereby first appeal of the defendants was allowed, setting aside the judgment and decree dtd. 14/12/2012 passed by learned trial court, decreeing the suit for permanent injunction, plaintiffs have approached this Court by way of instant regular second appeal.

(2.) Brief facts of the case, as recorded by learned trial court in para 1 of its judgment, are that plaintiffs No.1 and 2, alongwith father of plaintiff No.3 namely Ajit Singh, purchased land measuring 2 kanals 6 marlas out of land measuring 3 kanals 10 marlas, as fully detailed in the head note of the plaint, from the original vendee Smt. Gurmej Kaur wife of Sh. Nirvair Singh vide registered sale deed dtd. 10/12/2001. Since the date of purchase, plaintiffs were in cultivating peaceful possession over the land in question and they were cultivating the suit land peacefully without any interruption. The plaintiffs were sowing barsin as well as wheat crop over the suit land. The father of plaintiff No.3 namely Ajit Singh died and the suit was filed by plaintiff No.3, as his legal heir. The defendants have got no right, title or interest in the suit land, but being headstrong and influential persons, they were threatening the plaintiffs to interfere and dispossess the plaintiffs from the land in question illegally, forcibly. The plaintiffs were having apprehension in their minds that the defendants would change the khasra girdawari entries in their names in a clandestine manner. The plaintiffs requested many times to the defendants to admit their claim but to no avail.

(3.) Having been put to notice, defendants appeared and filed their contesting written statement, raising more than one preliminary objections. Plaintiffs filed their replication. After completion of pleadings of the parties, learned trial court framed the following issues:-