KEHAR SINGH Vs. RAMESH CHAND

JUDGEMENT

(1.) Defendants-appellants Kehar Singh and Simro Devi have filed the present appeal under the provisions of Section 100 of the Code of Civil Procedure, assailing the judgment and decree dated 5.12.2003, passed by the learned Additional District Judge (2), Kangra at Dharamshala, in Civil Appeal No.57-P/2000, titled as Kehar Singh and another v. Ramesh Chand, whereby judgment and decree dated 24.2.2000, passed by the Sub Judge 1st Class, Court No.2, Palampur, Himachal Pradesh, in Civil Suit No.257/97, titled as Ramesh Chand v. Kehar Singh and another, stands affirmed.

(2.) Plaintiff Ramesh Chand (now deceased and represented through LRs) sold part of his land to defendant Kehar Singh and his wife. Alleging interference from the defendants, with respect to the remaining land, so owned and possessed by him, plaintiff filed a suit for permanent prohibitory injunction. The suit was resisted by the defendants, pleading the land to be the one so mentioned and sold in terms of the sale deed.

(3.) Vide judgment and decree dated 7.8.1997 (Ex.PY), passed in an earlier suit, trial Court, finding the defendants to be in possession of the suit land, dismissed the suit, reserving right to the plaintiff to recover possession in accordance with law. Significantly, the defendants were held to be in possession, without any right, title or interest.