VED PARKASH Vs. SUNDER AND ORS.

JUDGEMENT

(1.) THIS is plaintiffs second appeal against the judgment and decrees of the courts below whereby the suit of the plaintiff for permanent injunction restraining the defendants from interfering in the peaceful possession of the plaintiff in the disputed property has been dismissed.

(2.) THE brief facts of the case of the plaintiff are that the plaintiff vide sale deed dated 24.5.2001 had purchased 5 kanal 7 marlas of land (19/36 shares) out of the land bearing Rect No. 23 Killa No. 23. Since the vendor of the plaintiff was in actual physical possession of the land purchased by him, therefore, after its purchase, he also became co -sharers in possession over the suit land. Accordingly, mutation No. 5759 dated 31.7.2001 was also got sanctioned in favour of the plaintiff. It was also alleged that the plaintiff after purchasing the suit land cultivated the crop of wheat in the disputed property but the defendants, who are influential and strong persons started interfering in his possession over the suit land without any right, title or interest and therefore, he filed the said suit for permanent injunction.

(3.) AFTER hearing learned Counsel for the parties and going through the evidence on record the trial Court came to the conclusion that the plaintiff has failed to prove his exclusive possession over the specific portion in undivided property, therefore, he is not entitled to the injunction against the other co -sharers and thus dismissed the suit of the plaintiff.