MOHAR SINGH Vs. DURGA

JUDGEMENT

(1.) THE defendant No.1 having lost in both the Courts below has filed this appeal against judgment, decree dated 26.2.2002 passed by learned District Judge, Bilaspur in Civil Appeal No. 141 of 1995 affirming judgment, decree dated 19.10.1995 passed by learned Senior Sub Judge, Bilaspur, Camp at Ghumarwin in Case No. 67 -1 of 1995/90.

(2.) THE brief facts of the case are that respondents No.1 and 2 have filed a suit for possession and permanent prohibitory injunction against appellant regarding land comprised in Khasra No. 87/1 measuring 0.5 biswas. The further case of the respondents No.1, 2 is that they are tenants on land measuring 10 -2 bighas. The respondents No.3 and 4 claimed to have a Will in their favour allegedly executed by late Smt.Parsinu under whom respondents No.1 and 2 also claimed their tenancy. The respondents 3 and 4 have been instigating the appellant to raise construction over the suit land and therefore, appellant started collecting material for construction and has threatened to raise construction on the suit land. The appellant has refused to desist from his unlawful interference and forcible occupation of the suit land.

(3.) THE respondents No.3 and 4 filed separate written statement and they took preliminary objections of maintainability, limitation, estoppel and improper verification. They took the plea that they are owners in possession of the suit land. The remaining claim of the respondents No.1 and 2 was denied.