GIRDHARI AND ANOTHER Vs. KANS RAJ

JUDGEMENT

(1.) C.M. No.13077-C of 2016

(2.) The appellants-defendants are aggrieved of the concurrent finding of fact whereby the suit of the respondent-plaintiff claiming permanent injunction by restraining the appellants-defendants, their agents, servants, assignees or representatives from interfering into any manner and from dispossessing the plaintiff from the land measuring 7 kanals 3 marlas comprised in Khewat No.388, Khatauni No.622, Rect. No.52, Killa No.11/2 (4-0), 12/2 (3-3), situated in the revenue estate of village Paniar, Hadbast No.313, Tehsil and District Gurdaspur has been allowed by the trial Court and affirmed by the lower Appellate Court.

(3.) Ms. Alka Sarin, learned counsel appearing on behalf of the appellants submitted that the suit aforementioned was filed on the premise that the plaintiff had purchased the land from Darbara Singh son of Jagat Singh vide sale deed which had not seen light of the day but claimed possession of the suit property since 30.10.1992. It also came on record that Darbara Singh had purchased the property from Udham Singh. The appeal is accompanied by application bearing No.13079-C of 2016 under Order 41 Rule 27 CPC read with Section 151 CPC seeking leave of the Court to place on record the judgment dated 09.08.1996 rendered in civil suit bearing No.433, R.BT. No.164 wherein the appellants-defendants instituted the suit as plaintiffs for possession of half share of land measuring 7 kanals 3 marlas against Darbara Singh, Hardial Singh and Kans Raj for setting up plea that they have become owners by efflux of time as the plaintiffs had not lost right of redemption. The suit aforementioned was dismissed by holding that the remedy was to seek redemption.