BAWA SINGH Vs. HARNAM SINGH

JUDGEMENT

(1.) BOTH the parties are claiming possession over the suit property. The appellants herein are the defendants in the suit filed by the respondent plaintiffs seeking a permanent injunction against the present appellants from taking forcible possession of the suit land without any right. The defendants, however, pleaded that the suit property is under the ownership of Harijan Cooperative Land Owning Society Limited, which is a registered society and the suit land was given to them for cultivation by Nika Singh, their father.

(2.) ON the basis of the pleadings of the parties, the learned trial Court framed the following issues :

(3.) THE defendants appealed against the aforesaid judgment and decree which also resulted in dismissal by the learned Lower Appellate Court (Additional District Judge, Barnala), vide its judgment and decree dated 13.01.1986. The learned Lower Appellate Court also refused to rely upon the evidence of the defendant-appellants including the document i.e. certified copy of the written statement, Ex.DW4/A, on the ground that the same has not been proved in evidence and the same was not even confronted to the plaintiff during his cross-examination.