TEHAL SINGH Vs. HARNAM SINGH

JUDGEMENT

(1.) This appeal succeeds on the short ground that the learned Distt. Judge while disposing of the appeal did not take into consideration the application under Order 41, Rule 27, C.P.C. which was moved by the defendant-appellant.

(2.) The brief facts of the case can be noticed in the following manners:-

(3.) Harnam Singh filed a suit for permanent injunction against Tehal Singh, Moti Singh and Thakur Singh, restraining the defendants from interfering in his possession over the suit land, fully described in the head note of the plaint. The case set up by the plaintiff was that the suit land was owned by Jagat Singh son of Ganda Singh and the plaintiff is his General Power of Attorney. He was in physical possession of the same. Khasra Girdawari was also in his name and the defendant No. 1 Tehal Singh with the help of other defendants wanted to dispossess him from the suit land without any right, title or interest. The suit was contested by the defendants and the stand of the defendant No. 1 was that he is in actual physical possession of the suit land and he is cultivating the same even during the left time of his father Bagga Singh and after his death as well.