SATPAL SINGH Vs. PARTAP SINGH

JUDGEMENT

(1.) Both the parties being aggrieved by the judgment and decree passed the learned first appellate court, thereby affirming the judgment and decree passed by the learned trial court, have filed the instant appeal and cross-objections.

(2.) Deceased, Jagdish Singh, the predecessor-in- interest of the plaintiff had filed a suit for permanent injunction on the allegation that previously, the proforma defendants were owners in possession of the land bearing Khasra Nos. 94 and 87 min, measuring 4-12 bighas and the proforma defendants were also joint owners of the land bearing Khasra Nos. 87 min, 94, 87min, 95 and 97, measuring 11-16 bighas situated in village Panoh, Pargana Tiun, Tehsil Ghumarwin, District Bilaspur(in short, the suit land). The proforma defendants had handed over possession of the land measuring 4-12 bighas bearing Khasra No. 87/1 and 94 to the plaintiff. The defendants had no right, title or interest in the land measuring 4-12 bighas and they were interfering with the possession of the plaintiff. Hence, the suit.

(3.) The defendants contested the suit by filing written statement as well as counter claim, wherein it was alleged that defendant No.1, Rup Singh was owner in possession of the suit land, which had been purchased by him from the previous owners vide sale deed dated 26.10.1962. It was further alleged that in case defendant No.1 was not proved to be owner in possession of the suit land on the basis of the sale deed/agreement, then he be declared to be owner of the suit land by passing a decree in the counter claim preferred by the defendants.