LAL SINGH Vs. KANHAYA AND OTHERS

JUDGEMENT

(1.) This is the second appeal filed by one of the two defendants in a suit filed by the respondent-plaintiffs seeking a decree of mandatory and prohibitory injunction against the present appellant-defendants as regards land situate in the revenue estate of Village Bhagal, Tehsil Guhla, (then District Kurukshetra), the mandatory injunction being that the suit land occupied by the appellant-defendants having been reserved for the purpose of charand (grazing of cattle), be restored to its original status, with the appellant-defendants further restrained from interfering in the common use of the said land by all inhabitants of the village for whom it had been reserved.

(2.) Notice having been issued in the suit, the two defendants, in their written statement contended that they are owners of the suit land and are in separate and exclusive possession thereof to the extent of the land described in first paragraph of the plaint, and further, that the suit was not maintainable. It was further contended that the respondent-plaintiffs were not co-owners of the suit land.

(3.) A replication having been filed by the respondent-plaintiffs, the following issues were framed by the learned trial Court:-