SARB DAYAL SINGH Vs. KARNAIL SINGH

JUDGEMENT

(1.) THIS is defendants' regular second appeal against the judgment and decree of Additional District Judge whereby the judgment and decree of the trial Court has been affirmed thereby decreeing the suit of the plaintiffs.

(2.) PLAINTIFFS filed a suit for permanent injunction restraining defendants not to interfere and dispossess the plaintiffs from the land as detailed in the headnote of the plaint otherwise than in due course of law. This claim was resisted by the defendants stating that plaintiffs are in possession of the suit land as tenant and so have no right to file a suit for permanent injection against the defendants. A number of issues were framed by the trial court. Parties were permitted to adduce evidence. Plaintiffs in support of their case placed on record documentary evidence in the nature of copies of jamabandi as well as khasra girdawari and has appeared as his own witness. Defendants, on the other hand, too examined few witnesses but primarily relied upon the contents of sale deed dated 16.8.1988 executed by Tej Kulwant Singh through his attorney Gurnam Singh wherein he has admitted that possession has been delivered to the vendee at the spot.

(3.) THE appellate Court too found no ground to vary or reverse the decision of the trial Court. Accordingly, the appeal was dismissed.