UJAGAR SINGH Vs. RANJIT SINGH

JUDGEMENT

(1.) This Appeal has been preferred against the impugned Judgment and Decree passed by the Ld. Addl. District Judge, Faridkot in Civil Appeal No. 263 of 2011 dtd. 18/10/2012, vide which, the original Judgment and Decree passed by the Ld. Additional Civil Judge (Senior Division) Faridkot in Civil Suit No. RT 339 of 2008 dtd. 24/1/2011 in favour of the present Respondents/Plaintiffs were upheld.

(2.) The Suit had been filed by the Respondents seeking a Permanent Injunction to restrain the Appellant and his co-sharers (Proforma Respondent Nos. 4 and 5) from dispossessing and interfering in the peaceful possession of the Plaintiffs of land measuring 32 Kanals 17 Marlas bearing Khasra Nos. 1610/329 (Northern side) (6-15), 27 x 45 karams, 1609/329 (3-5) (Northern side) 13 x 45 karams, 328 Min (Northern side) (11-2), 40 x 50 karams and 327 Min (Northern side) (11-15), 47 x 45 karams (as per Site Plan prepared on the photo state copy of the Aks Shajra, alongwith the Aks Shajra attached with the Plaint) as per Jamabandi for the year 2006-07, situated in the revenue estate of village Pehluwala, Tehsil and Distt. Faridkot, forcibly, illegally and without due course of law.

(3.) The Plaint case was that Nar Singh, father of Defendant No. 2 was owner in possession of 16 Kanals 11 Marlas land. After his death, Defendant No. 2 succeeded to his Estate and Mutation was sanctioned. Sukhchain Singh, Takhatraj Singh sons of Nar Singh son of Baltej Singh, Gurdial Kaur mother of and Parkash Kaur sister of Nar Singh, were also co-sharers in Khewat No. 79. Khata was not partitioned. But the Patwari Halqa bifurcated Khewat No. 79 in different Khewats including Khewat Nos. 81 and 81/1. Above said co-sharers sold 13 Kanals 11 Marlas in favour of Darshan Singh and Ranjit Singh Plaintiffs. Thus, Plaintiffs have become co-sharers along with Karaj Singh son of Nar Singh in Khasra Nos. 328 and 329. Baldev Singh Plaintiff No. 3 is also in possession of 2 Kanals 1 Marla out of Khasra No. 327 Min due to exchange. For the convenience of cultivation, Plaintiffs are in peaceful possession. Remaining portion on Southern side of Khasra Nos. 327, 328 and 329 is in possession of Karaj Singh, Defendant No. 2, but Defendant No. 3 Ujagar Singh, is not in possession of any portion. Karaj Singh Defendant No. 2 sold 11 Kanals 3 Marlas land out of Khasra No. 329. Defendant No. 1 after purchasing land from Defendant No. 2 has started threatening to take possession of 11 Kanals 3 Marlas land, which was not in possession of said Karaj Singh.