JANGIR SINGH Vs. UJJAGAR SINGH

JUDGEMENT

(1.) This order will dispose of RSA No.1262 of 1991 and CRM-M No.21407 of 2009 as decision in RSA has material bearing qua adjudication of CRM-M No.21407 of 2009. For facility of reference, facts are taken from RSA No.1262 of 1991.

(2.) Challenge in the present appeal has been directed against concurrent findings recorded by the Courts whereby suit for permanent injunction restraining the defendant/appellant from interfering in possession of respondent upon land measuring 40 kanals, detailed in headnote of the plaint situated at village Rogla as per jamabandi for the year 1982-83, was decreed by the trial Court vide judgment and decree dated 04.12.1987 and appeal preferred by unsuccessful appellant/defendant was dismissed by the Additional District Judge, Sangrur.

(3.) The facts relevant for disposal of present appeal are that as per allegations raised by the respondent/plaintiff, Mehru son of Jaimal and Sham Kaur widow of Gajjan Singh were owners of land measuring 313 kanal 8 marlas in equal shares. Mehru sold 67 kanal 14 marlas of land to Baldev Singh son of Natha Singh vide registered sale deed dated 02.11.1978. The respondent is in exclusive possession of suit land since 1982 as a tenant under Mehru and Sham Kaur. Jangir Singh - appellant alleged himself to have purchased land from Sham Kaur but he never came in possession of suit land.