PRITAM SINGH Vs. AVTAR SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment/decree dated 16.4.2007 passed by the Court of learned District Judge, Kapurthala, whereby he dismissed the appeal preferred against the judgment/decree dated 11.12.2006 rendered by the Court of learned Civil Judge (Junior Division), Phagwara, whereby he decreed the suit with costs for permanent injunction restraining the defendants from interfering in the peaceful possession of the plaintiffs and/or throwing garbage or storing manure in Khasra No. 18/14/1/60/0-2, 18//14/1/61/0-4, Khata No. 523/584 and 524/585 situated in Village Baghana, Tehsil Phagwara.

(2.) THE facts which led to the filing of the suit are that the plaintiffs are the owners in possession of the suit land, which is being used by them for storing garbage and manure etc. The same has been described as "Gair Mumkin Ruri" in the jamabandi. The defendants have no right or title thereto. They are forcibly interfering into the peaceful possession of the plaintiffs over the same. They are adamant to throw garbage and store manure therein. On being requested to desist from doing so, they refused. On these allegations, the suit was filed for permanent injunction restraining the defendants from interfering with or taking forcible possession of the land in dispute.

(3.) THE following issues were framed by the learned trial Court :