MANI RAM Vs. INDER SINGH

JUDGEMENT

(1.) Through this appeal the plaintiffs have assailed judgment and decree of the Lower Appellate Court dated 28.2.2018, dismissing their suit while setting aside judgment and decree dated 12.10.2015 of the Trial Court in their favour.

(2.) Briefly, appellants-plaintiff filed suit a for permanent injunction against the respondents for restraining them from dispossessing the appellants from the suit property except in due course of law, claiming themselves to be in permissive possession of the suit land as 'gair marusi' since the time of their forefathers. The Trial Court, after holding trial decreed the suit vide judgment and decree dated 12.10.2015, thereby restraining the respondents from evicting the appellants from the suit land illegally or forcibly, except in due course of law.

(3.) Being aggrieved, respondents approached the lower Appellate Court, who after hearing both the sides accepted their appeal, while setting aside 1 of 5 RSA No.4107 of 2018 (O&M) judgment and decree of the Trial Court in favour of the appellants vide judgment and decree dated 28.2.2018.