NAND LAL Vs. RAM SARUP

JUDGEMENT

(1.) This appeal arises out of a suit for possession and permanent injunction against the defendants under Order 1, Rule 8 Civil Procedure Code, filed by Ram Sarup plaintiff.

(2.) Facts arc that Ram Sarup pleaded that he is owner in possession of the suit land since times of his ancestors. He is using the suit land for storing manure, fire wood and tethering cattle. On April 24, 1977 the defendants forcibly took the possession of the suit land by way of putting dung thereon and that led him to file the suit.

(3.) Defendants contested the suit stating that the suit land is that of Thola Man Singh, Plaintiff is biswedar of Thola Nagar. Therefore, plaintiff is not in possession. In fact, defendants are in possession as owners. They denied having forcibly taken possession of the suit land. They also raised the objection that suit is not properly valued for the purposes of court-fee and that plaintiff has no locus standi to file the present suit. According to them, it is not maintainable in the present form.