DARSHAN SINGH Vs. SANTOKH SINGH

JUDGEMENT

(1.) THIS appeal arises out of suit for permanent injunction filed by Darshan Singh which was dismissed by Sub Judge, First Class vide his judgment and decree dated 28. 4. 1997. Feeling aggrieved Darshan Singh preferred an appeal which was also dismissed by the learned District Judge vide his judgment and decree dated 11. 10. 1979. Still Darshan Singh, plaintiff being not satisfied has come up in second appeal.

(2.) BRIEF facts are that the suit land was owned by the Provincial Government. It was alleged by Darshan Singh that he cultivated the suit land from Rabi 1978, on payment of two times of the land revenue to the Central Government. According to him the defendant had no concern with the suit land; however, they tried to dispossess him forcibly on 10. 4. 1978 but they were not permitted to do so, Hence, he filed the suit.

(3.) THE trial Court, after appraisal of the evidence, adduced by the parties, on issue No. 1, returned the finding that the Patwari had wrongly show the possession of Darshan Singh over the suit land in Rabi, 1978. Actually he did not hold possession and, therefore, finding was returned against the plaintiff. The defendants failed on issue No. 2 for want of evidence. In view of finding on issue No. 1, it was held that plaintiff was not entitled to the injunction prayed for. Consequently, the suit of Darshan Singh was dismissed leaving the parties to bear their own costs.