BABU RAM Vs. JOGINDER SINGH

JUDGEMENT

(1.) THIS appeal has been filed against the decree and judgment of the learned Additional District Judge Kurukshetra dated 16. 11. 1996 confirming the decree and judgment of the learned Senior Sub Judge kurukshetra dated 9. 6. 1994.

(2.) THE plaintiff-respondents filed a suit for permanent injunction restraining the defendants from demolishing the Khal situated in his land. The suit property is claimed to be the joint property of the parties. According to the plaintiffs, the land has not been partitioned and that they have been enjoying the Khal in question for irrigating their land which has been in their exclusive possession. Both the Courts below on the basis of the evidence on record decreed the suit. The said finding has been arrived at on the basis of parties evidence on record. As the same is a pure finding of fact, this Court will not interfere with the same.

(3.) SUBJECT to the above observations, the appeal is dismissed but with no order as to costs.