MALKIAT SINGH Vs. GURSEWAK SINGH

JUDGEMENT

(1.) The matter is taken up for hearing.

(2.) The Suit was filed by the appellant seeking a permanent injunction against the respondent to restrain him from causing interference in the use of the path/pahi or from encroaching upon the said area or making culvert puller in the said passage path, running through the disputed Khasra No.21/2, which is a part of Rectangle No.140 situated within the Revenue Limits of Village Alamwala, Tehsil Malout. His case was that there was an amicable family settlement between himself and father of the defendant, namely Nar Singh, whereby land measuring 9 Marlas situated in Khasra No. 140/12/2/1 was passed on in favour of the respondent's father towards land measuring 18 Marlas in parts of Khasra Nos.24, 25 and 21 of Rectangle Nos.139 and 140, and that the said land measuring 18 Marlas was being used as a passage to the appellant's land falling in Rectangle No.140.

(3.) The contention in this regard is that there was a mistake in the roznamcha and mutation, whereby instead of the very limited disputed land falling in Khasra No.21/2 was wrongly shown as 20.