KATAR SINGH Vs. KARNAIL SINGH

JUDGEMENT

(1.) THE suit for permanent injunction filed by Katar Singh plaintiff was dismissed by the Subordinate Judge First Class, Gidderbaha, vide his judgment and decree, dated January 29, 1979. Appeal preferred by Katar Singh was dismissed by the learned District Judge, Faridkot, affirming the findings recorded by the trial Court vide his judgment and decree, dated September 4, 1979.

(2.) THE land measuring 14 Kanals 17 Marlas situated in the revenue estate of village Mallan belonged to Katar Singh as mentioned in the Jamabandi, Exhibit P.1, for the year 1974-75. During the course of consolidation operations, the said land was allotted to Karnail Singh. Order passed by the Consolidation Authorities still holds the field, in spite of being challenged up to the High Court. It was in pursuance of that decision that possession of the suit property was delivered to Karnail Singh by the revenue officials. However, Katar Singh claimed that he was still in possession of the suit land and that Karnail Singh was trying to evict him by force. Therefore, he filed a suit for permanent injunction against Karnail Singh seeking restraint upon him from interfering in his possession.

(3.) THE pleadings of the parties gave rise to the following issues :