KIRPAL SINGH Vs. SARUP SINGH

JUDGEMENT

(1.) After some argument, learned counsel for the applicant-appellant seeks leave to withdraw this application.

(2.) The plaintiff-respondent, namely, Sarup Singh filed a suit seeking permanent injunction restraining the defendants and their agents etc. from interfering or causing interference or dispossessing the plaintiff from the plot shown as ABCDEF in red color in site plan attached with the plaint and which is situated within the Lal Lakeer at village Hadana, Tehsil and District Patiala. It is admitted by both the sides that the suit property is situated within the Lal Lakeer and, therefore, no document of title was required to be produced and a suit was required to be decided only on the basis of the possession of the parties.

(3.) Case of the plaintiff is that since his forefathers, who were resident of village Hadana, were in possession of the suit property since last 55-60 years and after his forefathers, now the plaintiff was in possession. A temporary shed was constructed by them to keep cattle and cow dung etc. The defendants, i.e., Kirpal Singh, who is the nephew of plaintiff-Sarup Singh and others were threatening to dispossess the plaintiff from the plot in question and several attempts were being made to that effect but the attempts were prevented by the respectable persons of the society. Hence, the suit was filed.