AMARJIT KAUR Vs. JASBIR SINGH

JUDGEMENT

(1.) The present appeal directs challenge against concurrent findings recorded by the courts whereby suit for permanent injunction restraining the defendant-appellant from forcibly interfering in peaceful possession of the respondents-plaintiffs as tenant over land measuring 6 kanal 13 marlas, situated in revenue estate of village Ganeshpur, Tehsil Naraingarh, District Ambala, detailed in head note of the plaint, was decreed by the trial court on 27/4/2016 and appeal preferred by unsuccessful appellant/defendant did not find favour with the Court of Additional District Judge, Ambala.

(2.) The respondents-plaintiffs, sons of late Jaspal Singh staked their claim for grant of permanent injunction on the premise that the plaintiffs and their predecessors-in-interest are in cultivating possession of the suit land for the past many years in the capacity of being tenants. The previous owners of land sold it to defendant-appellant in the year 2005. She filed an application in the year 2006 for correction of khasra girdawari in her favour. The spot was inspected by A.C.IInd Grade, Naraingarh and vide order dtd. 27/10/2008, application of the appellant was dismissed since the respondents-plaintiffs were found to be in cultivating possession of the suit land. Appellant has again moved an application before the A.C.IInd Grade, Shazadpur-defendant No. 2 for correction of khasra girdawari and they in collusion with each other are trying to change the khasra girdawari.

(3.) The trial court framed issues, reproduced in para 4 of the judgment, permitted the parties to adduce evidence in support of their respective claims. Having heard counsel for the parties in the light of materials on record, the trial court accepted plea of the respondents- plaintiffs that they are in possession of the suit land and are entitled to protect their possession except in due course of law.