HARNEK SINGH Vs. GURCHARAN SINGH

JUDGEMENT

(1.) Vide this judgment, I intend to dispose of RSA No. 3702 of 2012 titled as 'Harnek Singh and others vs. Gurcharan Singh and others' and RSA No. 4893 of 2012 titled as 'Gurcharan Singh and others vs. Sher Mohammad and others'.

(2.) Briefly stated, facts of the case are that plaintiffs - Gurcharan Singh and others had brought a suit against defendants Rattan Kaur, as well as Balbir Kaur, Sher Mohammad, Didar Mohammad and Mohan Deen, seeking a decree for permanent injunction restraining the defendants from interfering in the peaceful cultivating possession of the plaintiffs as co-sharers over the suit land.

(3.) As per version of the plaintiffs, they are Khewatdars of Taraf Neelee (Pati West) of village Khizrabad having shares in the shamlat of that Pati and are in possession of the suit land. Earlier to them their forefathers were in possession as co-sharers. Plaintiffs No. 1 to 3 are heirs of Nagina Singh, plaintiffs No. 5 and 6 are heirs of Krishan Singh, whereas plaintiffs No. 7 to 9 are heirs of Hans Raj. Nagina Singh, Hans Raj and Krishan Singh have died and mutation of their inheritance has already been sanctioned in the names of their heirs. Chanan Singh is shown to be in possession of the suit land, but he had already mortgaged his khewat alongwith share in the shamlat to plaintiff No.3. The defendants are now trying to dispossess the plaintiffs from the suit land, to which they have no right. Feeling aggrieved, the plaintiffs brought the suit in question in the Court.