CHUNNI LAL Vs. RANJIT SINGH AND ORS

JUDGEMENT

(1.) Appellant-Defendant (hereinafter called as 'defendant') has filed the present Regular Second Appeal against the judgment and decree dated 01.04.2013 passed by learned Additional District Judge, Hoshiarpur, whereby his appeal against the judgment and decree dated 11.08.2010 passed by learned Civil Judge (Senior Division), Hoshiarpur, was dismissed.

(2.) The trial Court, vide judgment and decree dated 11.08.2010, decreed the suit of the respondent-plaintiffs (hereinafter called as 'plaintiffs') for permanent injunction and had restrained the defendant from taking forcible possession of plot bearing Khasra No.101/1(0-11), Khewat No.342, Khatauni No.458 marked as BEFGDC and shown as red as detailed in the site plan attached with the plaint.

(3.) Briefly stated, the plaintiffs had filed a suit for permanent injunction restraining the defendant from taking forcible possession of plot, as detailed in the headnote of the plaint, and also to restrain him (defendant) from changing its nature and possession. As per the plaint, the suit property was allotted to Ujjagar Singh son of Harnam Singh way back in the year 1959-60 for abadi purposes in the consolidation proceedings. Ujjagar Singh was put in possession of the plot and he remained in possession. However, after his death, the plaintiffs, who are the legal heirs of Ujjagar Singh, continued in possession of the property, but as the defendant tried to interfere in the possession of the plaintiff over the suit property, plaintiff No.1-Bishan Kaur (widow of Ujjagar Singh) made a complaint to the police against such interference at the behest of defendant. The matter was compromised between the parties whereby the defendant undertook not to interfere in the suit land. Plaintiff No.1 also moved an application to the Deputy Commissioner on 23.10.2002 and there also the defendant admitted not to interfere in the possession of the plaintiffs over the suit land.