GIAN CHAND AND ANOTHER Vs. CHARANJIT SINGH

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree dated 30.03.2005, passed by the learned District Judge, Kullu, District Kullu, H.P. in Civil Appeal No. 54/04.

(2.) Material facts necessary for adjudication of this Regular Second Appeal, are that the respondent-plaintiff (hereinafter referred to as "the plaintiff" for convenience sake) filed a suit for permanent prohibitory injunction. The dispute between the parties is qua the land measuring 1.8 bighas (⅓ share of the total land, measuring 4.3 bighas) denoted by Khata Khatauni No. 36/41, Khasra No. 1868, as entered in Jamabandi for the years 1984-1985, situated in Phati Dhaugi, Kothi Bunga, Sub-tehsil Sainj, District Kullu.

(3.) Case of the plaintiff, in a nut-shell, is that one Shri Sangat Ram was the owner in possession of the land in question. Shri Sangat Ram sold the land to him for a sum of Rs. 3,000.00 vide registered sale deed dated 25.04.1988, Ex. PW-1/A. The possession of the suit property was also handed over to him by Shri Sangat Ram. The mutation, on the basis of sale deed was also entered in his name by the Halqua Patwari. However, the same was subsequently cancelled. According to the plaintiff, in order to grab the suit property, the appellants-defendants (hereinafter referred to as "the defendants" for brevity sake) had forged a will Ex. DW-2/A, dated 21.05.1990. The defendants on the basis of the will have also got the mutations entered in their favour vide Ex.-D1. The defendants threatened to dispossess him from the suit land. It is in these circumstances, the present suit was filed by the plaintiff for restraining the defendants from interfering in his peaceful ownership and possession over the suit land in any manner.