LAWS(P&H)-2017-4-62

MUKHTIAR SINGH Vs. BUA DITTA

Decided On April 28, 2017
MUKHTIAR SINGH Appellant
V/S
Bua Ditta Respondents

JUDGEMENT

(1.) CM-5590-C-2017

(2.) The plaintiffs approached the Court seeking permanent injunction restraining the defendants from forcibly dispossessing them. It was claimed that the plaintiffs' mother Jatinder Kaur was in possession of this property and after the death of Jatinder Kaur, the plaintiffs came in possession without any hindrance. Prior to Jatinder Kaur, her mother Rattan Devi was in possession. The plaintiffs had pleaded that the defendants were asserting that they had purchased the land and got the partition effected and this land had fallen to their share but they had no right to dispossess them forcibly or take the law in their hands.

(3.) The defendants' plea was that the plaintiffs had concealed material facts and the Assistant Collector had partitioned the land in 2006 and the plaintiffs were neither the owners nor in possession and had no cause of action.