BALDEV SINGH Vs. KULBIR SINGH

JUDGEMENT

(1.) THIS order shall dispose of RSA Nos. 4369 and 4370 of 2006 as these have arisen out of same suit/counter claim.

(2.) PLAINTIFF Baldev Singh filed a suit for permanent injunction inter alia restraining the defendants from interfering in the land in dispute. The suit of the plaintiff was dismissed and counter claim of the defendants was allowed by the Civil Judge (Jr.Divn.) Amritsar vide judgment and decree dated 26.10.1998. In appeal, the said judgment and decree were upheld by the Additional District Judge (Adhoc), Amritsar vide judgment and decree dated 5.10.2006. Hence, the present appeals by the plaintiff.

(3.) IN the replication filed by the plaintiff, allegations made in the written statement were denied and those made in the plaint were reiterated. In the replication, it was pleaded by the plaintiff that his possession has been adverse, hostile, uninterrupted for more than 12 years, to the knowledge of the defendants and world at large and he has even become owner of the property through adverse possession. His possession not being permissible, he acquired title in the property in dispute." 4. On the pleadings of the parties, following issues were framed by the trial Court :- "1. Whether the plaintiff is entitled to relief of permanent injunction as prayed for ? OPP 2. Whether the defendant is entitled to relief of possession as claimed in the counter-claim ? OPD 3. Whether the plaintiff No. 1 have become owner in possession of the suit land on the basis of adverse possession ? OPP 4. Whether the plaintiffs have got no locus standi to file the present suit ? OPP