DHARMENDER SINGH Vs. LAYAK RAM

JUDGEMENT

(1.) THE instant appeal is directed against the judgment and decree, rendered on 13.5.2003, in Civil Appeal No. 61 -CA/13 of 2002 by the learned District Judge, Sirmaur District at Nahan, H.P., whereby, the learned First Appellate Court allowed the appeal, preferred by the defendants.

(2.) BRIEF facts of the case are that the appellants/plaintiffs filed a suit for permanent prohibitory injunction restraining the defendants from interfering in their peaceful possession over the land comprised in Khasra No. 485/428 measuring 15.7 Bighas and land comprised in Khasra No. 165 measuring 4.15 Biswas situated in Village Bhuppur, Tehsil Paonta Sahib, District Sirmaur. The plaintiffs have alleged that the land was owned and possessed by Kalyan Singh and after his death, his wife Smt. Daropti Devi, inherited the same and after death of Smt. Daropti Devi the plaintiffs have inherited the entire property on the basis of a Will dated 22.3.1980 and necessary mutation No. 602 dated 3.9.1996 was also attested in their favour. The defendants, who are only shown owners in the column of ownership in the Jamabandi but they never remained in possession of the suit property as the land was sold to Shri Kalyan Singh, hence, the defendants have no concern with the suit property and even the entry in the column of ownership in favour of defendants and others is also illegal and is not binding on the plaintiffs. The defendants tried to take forcible possession of the suit property and they also threatened to dispossess the plaintiffs. The plaintiffs have prayed for the grant of the relief of permanent injunction restraining the defendants from interfering in the suit property.

(3.) THE plaintiffs/appellants filed replication to the written statement of the defendants/respondents, wherein, they denied the contents of the written statement and re -affirmed and re -asserted the averments, made in the plaint.