MOHINDER SINGH Vs. PALA RAM AND ORS.

JUDGEMENT

(1.) THE plaintiff has come up in second appeal .having been unsuccessful before both the Courts below in a suit for permanent injunction wherein the defendants were sought to be restrained not to interfere in his actual physical possession and ownership over the property bearing Khewat No. 52 measuring 2 kanals (Chahi) situated in village Majri, Tehsil and District Ambala.

(2.) THE plaintiffs case is that he owned agricultural land in the village having share in shamlat and abadi land and is in possession of the suit land since the time of his fore -lathers which is situated in the abadi of the village measuring 2 kanals bearing Khewat No. 52, having a tubewell, one room, drain for well water, 60 grown up kikar trees and place for tethering catties. It is alleged that the defendant:, have formed a group in the village, out of which defendant Nos. 1 and 2 had previously filed a suit against the plaintiff which was withdrawn. Then again they filed another suit which is pending before the Court below and due to enmity, the plaintiff and his family members were implicated in a false case and on 12.10.1997, the defendants came to the land in question and threatened to dispossess him forcibly and hence the suit had to be filed.

(3.) DEFENDANT No. 7 filed separate written statement alleging that the earlier suit filed by the plaintiff against the Gram Panchayat under Section 13 -B of the Act, was dismissed, which fact has been concealed and suppressed by the plaintiff