MANAWAR KHAN AND ORS. Vs. KARAM DAD KHAN

JUDGEMENT

(1.) Heard learned counsel for the parties on the question of admission of this Civil Second Appeal.

(2.) Shorn of unnecessary details, the relevant facts which are necessary for the disposal of this appeal in brief are; that the respondent herein filed a suit for permanent prohibitory injunction against the appellants for restraining the latter from interfering into their possession over the property i.e land measuring 04 kanals 03 marlas comprised in khasra No.269-min-II, 4 kanal 18 marlas comprised in khasra No.270-I, 3 kanals and 10 marlas comprised in khasra No.284-I, 1 kanal 19 marlas comprised in khsra No.141-min and 1 kanal 12 marlas comprised in khasra No.260 min situated at village Pathana Tir Tehsil Mendhar District Poonch.

(3.) The suit was filed by the respondent on the ground that the suit land was in his peaceful possession and was duly recorded in the revenue record. The respondent claimed title to the property on the ground that it has been inherited by them from his forefathers. The suit was resisted by the appellants-defendants in the suit by taking a stand that the suit property was not exclusively in possession of the respondent and that the land falling under khasra No.269 and 270 was in possession of the respondent, whereas the land falling under survey No.284 was in possession of the appellants i.e defendants Nos. 2 to 4 in the suit and the land measuring 1 kanal 13 marlas from the same khasra number was in possession of the appellant-defendant No.5 as per partition which had taken place between the appellant and the respondent-co-sharer.