SHAYAM SUNDER Vs. JAGJIT SINGH & ORS

JUDGEMENT

(1.) The instant appeal is directed, against, the concurrently recorded verdicts by both the learned Courts below, whereby, the plaintiff's suit for possession as well as for permanent prohibitory injunction qua the suit khasra number(s) , was, hence decreed.

(2.) Briefly stated the facts of the case are that the plaintiffs filed a suit for possession of the site shown by letters ABCDEFGH shown red in colour in the site plan and for permanent prohibitory injunction, restraining the defendant from interfering, raising any construction, changing nature, cutting, removing or selling trees or fruit from or over the land denoted by letters MNOPQRSTU EFGHADCB shown in green colour in site plan being part of land measuring 0-03-95 hectares. It has been pleaded the suit land in coming in their possession along with other co-sharers and on some part, old abadies were existing which had fallen, but remains of which existed shown in red colour with letters IJKL in the site plan. The plaintiffs have planted Khatta, trees and bananas and that the defendant being shrewed and headstrong person, three years before illegally encroached upon by raising construction upon suit land shown as ABCDEFGH in the site land and has got himself recorded as Kabaj upon land measuring 0-02-94 hectares.

(3.) The defendant contested the suit and filed written statement, wherein, they have taken preliminary objections inter alia cause of action, estoppel, maintainability, limitation, valuation, non joinder etc. On merits, claimed his abadi and cow shed upon suit land since the time of his ancestors besides stated that there was no abadi except the suit land. It is alleged that predecessors of the plaintiffs and the plaintiffs have been seeing their possession to which they never objected, thus, the plaintiffs are estopped to file the suit.