GHULAM RASOOL Vs. KARTAR SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 18.08.2017 passed by the learned 2nd Additional District Judge, Jammu (hereinafter referred to as "the appellate Court") in file No. 30/Appeal titled Ghulam Rasool Vs. Kartar Singh, whereby the appeal of the appellant against the judgment and decree dated 12.07.2016 passed by the learned City Judge, Jammu (hereinafter referred to as "the trial Court") has been dismissed.

(2.) Heard learned counsel for the parties on the question of admission.

(3.) Shorn of unnecessary details, the brief facts which are necessary for the disposal of this appeal may be noticed. The respondent Sh. Kartar Singh filed a civil suit for permanent prohibitory injunction for restraining the appellant and others from interfering into the ownership and peaceful possession of the respondent over a piece of land measuring 03 kanals comprised in Khasra No. 75 situated at Ragoura Tehsil and District Jammu. In the plaint, it was pleaded by the respondent that he was owner in possession of land measuring 03 kanals under Khasra No. 75, out of which 02 kanals, had been purchased by him from the father of the appellant, namely Abdul Aziz by virtue of sale deed dated 15.04.1992 and rest of the land came into his possession in terms of the agreement to sell dated 07.10.1997 and irrevocable power of attorney executed by said Sh. Abdul Aziz. It was further claimed that the respondent was put in possession of the land only after he paid total consideration of Rs. 70,000/-. It was, thus, alleged that the sons of defendant Abdul Aziz including the appellant herein along with their father had been interfering in the peaceful possession of the respondent, therefore, cause of action accrued to file the suit.