RASHPAL SINGH Vs. RAMESH CHAND

JUDGEMENT

(1.) THIS appeal by appellants Rashpal Singh, Lekh Raj, Leela Devi and Raj Kumari, legal heirs of Kishan Dass, defendant No.3 in the original suit, is directed against the judgment and decree dated 20th November, 1999 of learned District Judge, whereby appeal filed by late Kishan Dass against the judgment and decree dated 23rd June, 1993 of learned Sub Judge 1st Class, Court No.1, Amb, has been dismissed.

(2.) RESPONDENT Ramesh Chand, hereinafter called plaintiff, filed a suit for issuance of permanent prohibitory injunction, restraining respondent Gurbax Singh, Kishan Dass (predecessor-in-interest of the present appellants) and Raksha Devi, wife of said Gurbax Singh, from interfering in his possession over 30 Kanals 1 Marla land bearing Khasra No.1930, situate in village Pirthipur, Tehsil Amb, District Una, hereinafter called suit land. It was alleged by the plaintiff that vide sale deed, executed in the year 1983, he had purchased 10 Kanals land, out of Khasra No.1930, from Gurbax Singh and that in the same year said Gurbax Singh transferred possessory title of another 20 Kanals area, out of Khasra No.1930, in his favour, through a writing executed on 27th June, 1993, for a consideration of `5,000/-. It was claimed that the plaintiff had been in possession of 30 Kanals 1 Marla area since 1983. Defendants, abovenamed, were alleged to be causing interference in possession of the plaintiff, without any right, title or interest.

(3.) TRIAL Court, on the basis of evidence adduced by the parties as also admission by Gurbax Singh and Kishan Dass, with respect to sale of 10 Kanals area, held that possession of 30 Kanals 1 Marla area was with the plaintiff. Consequently, suit was decreed and decree for permanent prohibitory injunction passed. Appeal filed by the predecessor of the appellants in the Court of learned District Judge stands dismissed.