- (1.)Present Regular Second Appeal is directed against the concurrent findings of both the Courts below, whereby suit filed by Shankar Singh for permanent injunction was decreed by the Court of first Instance vide judgment and decree dated 4.12.2006. The appeal filed by Ram Saroop Bagi, defendant [appellant herein] was dismissed by learned Additional District Judge, Gurdaspur vide judgment and decree dated 1.10.2012.
(2.)For the sake of convenience, parties are being referred to as per their status before the Court of first Instance.
(3.)Relevant facts of the case for the purpose of decision of this appeal; that plaintiff Shankar Singh and his wife Smt. Amro Devi and son Amir Singh were originally owners in possession of land measuring 01 kanal 07 marlas comprised in khasra No. 2R/21 in equal shares. Smt. Amro Devi sold 6 Marlas of land out of that khasra number to Roop Lal son of Chet Ram and others and mutation No. 2621 was sanctioned. Separate khasra No. 2R/21 was carved out and same was re-numbered as 2R/21/1. Amir Singh, the other co-sharer also sold his 1/3rd share in the land of the plaintiff and Amro Devi and mutation No. 2933 was sanctioned.
The plaintiff is the owner of land measuring 01 Kanal 01 Marla and raised construction of thatched hut and a 'khurli' over the suit land. The defendant has asserted his claim on 6 Marlas of land bearing khasra No. 2R/21/1 whereas the plaintiff was the owner of khasra No. 2R/21/2.