HARVINDER SINGH Vs. DALBIR SINGH AND ANOTHER

JUDGEMENT

(1.) Plaintiff-Appellant is in the regular second appeal against the concurrent finding of fact arrived at by the Courts below.

(2.) In the considered opinion of this Court, the following question which needs determination:-

(3.) Undisputed facts are that Sukhpal Singh had sold certain property in favour of Pritpal Singh and Sukhjinder Singh sons of Surat Singh. Pritpal Singh and Sukhjinder Singh filed a suit for permanent injunction and declaration that they are owners in possession. The suit filed by them was dismissed. However, in appeal relief qua declaration of ownership was not granted but decree for permanent injunction was passed in their favour vide judgment and decree dated 29.05.1986. The plaintiff claims that he has purchased the property from the aforesaid Pritpal Singh and Sukhjinder Singh vide registered sale deed dated 12.10.1989. The possession of the plaintiff was threatened forcing him to file a suit for declaration and permanent injunction. It may be noticed that relief of declaration has already been given up by the appellant by making a statement before the learned First Appellate Court. Hence, the only issue which needs determination is whether the plaintiff-appellant is entitled to permanent injunction or not.