RUPA Vs. KASHMIR SINGH AND ORS.

JUDGEMENT

(1.) THIS petition is instituted against the order dated 4.6.2007 rendered by the Civil Judge (Senior Division), Hamirpur in C.M.A. No. 177 of 2000 in Civil Suit No. 264 of 1995.

(2.) "Key facts" necessary for the adjudication of this petition are that petitioner (hereinafter referred to as the "decree holder" for convenience sake) instituted a suit against the predecessor -interest of respondents -judgment debtors late Sh. Mohar Singh and Sanjeev Kumar for permanent injunction and also suit for damages of Rs. 2,000/ - in respect of land comprising Khata No. 7, Khatauni No. 9, Khasra Nos. 116/2, 118, 120, 121/1 and 125 plots 5 measuring 1 kanal 13 marlas situate in village Bari, Mauza Dhaned, Tehsil and District Hamirpur on the basis of Jamabandi for the year 1993 -94. The suit was contested by the defendants, namely, Mohan Singh and Sanjeev Kumar. Issues were framed by the Senior Sub Judge on 26.8.1996. The suit was decreed vide judgment and decree dated 15.3.2000. Senior Sub Judge gave a findings that plaintiff was owner of the land on the basis of partition and the defendants were unnecessarily interfering in his possession. Thus, decree of permanent injunction was passed in favour of the plaintiff vide judgment and decree dated 15.3.2000.

(3.) REPLY was filed by the judgment debtors. According to the reply filed, judgment debtors were in possession of the suit land and before them, Mohar Singh was in possession of the same.