DALIP SINGH Vs. HOSHIARA

JUDGEMENT

(1.) Unsuccessful plaintiff Shri Dalip Singh has filed the present Regular Second Appeal and it has been directed against the judgment dated 11.10.1979 passed by the Additional District Judge, Gurdaspur, who affirmed the judgment and decree dated 6.6.1978, passed by the Court of Sub Judge, 1st Class, PatMnkot.

(2.) The brief facts of the case are that Shri Dalip Singh son of Shri Avtar Singh, filed a suit for permanent injunction against Shri Hoshiara to the effect that defendant Shri Hoshiara be restrained permanently from interfering in the cultivating possession of the plaintiff as owner of the land measuring 4 kanals 14 marlas bearing Rectangle No. 16 killa No. 26, as entered in the jamabandi for the year 1970-71, situated in village Mallarban, hadbast No. 81, Tehsil Pathankot, District Gurdaspur.

(3.) The case set-up by the plaintiff was that he was in possession of the suit land as owner. The suit land was an orchard and in some of the area he had started cultivation. Defendant Shri Hoshiara is a stranger. He never cultivated any part of the suit land nor he ever worked on the suit land in any capacity. Defendant in collusion with the revenue staff and taking advantage of the political influence got the entry of Kharif 1976 entered in his name. The defendant never entered upon the suit land nor he had concern with it. The entry in the Khasra Giadawari is illegal, collusive, fraudulent and void. On the basis of this entry the defendant wants to interfere in the possession of the plaintiff forcibly. With the above averments the plaintiff prayed for the relief of permanent injunction.