SHYAM LAL Vs. JOHLI AND OTHERS

JUDGEMENT

(1.) The present appellant Shri Shyam Lal preferred a suit on the pleas that he was owner in possession of the suit land, the defendants, who happened to be the present respondents, had no concern of any kind and, as such, had no right to interfere in the peaceful possession of the plaintiff over the suit land. According to the plaintiff, the defendants were proclaiming that they had become owners and, as such, had started threatening that they would take forcible possession of the suit land and as they did not desist from their illegal designs, hence the plaintiff preferred the suit for permanent injunction directing the defendants to be restrained from interfering in the possession of the plaintiff over the suit land.

(2.) The defendant-respondents took various preliminary objections in their written statement but on merit their simple case had been that they were in actual cultivatory possession of the suit land as tenants-at-will under the plaintiff, who had never cultivated the suit land himself. According to them, the defendants had their houses in Abadi in the suit land and their father, Shri Rahakar, was also in occupation of the suit land as tenant. According to the defendants, the plaintiff got fraudulently deleted their names from the revenue record and this fact came to their knowledge and as a consequence thereof they applied for the correction of entries. The other averments in the plaint were not admitted.

(3.) The trial court put the parties to trial on the following Issues: