SOHAN SINGH Vs. GULZARI

JUDGEMENT

(1.) This regular second appeal has been filed by the plaintiff against the judgment and decree dated 22-8-1988 of the District Judge, Una allowing the appeal of the defendant and reversing the judgment and decree dated 17-8-1985 of the Senior Sub Judge, Una thereby dismissing the suit of the plaintiff.

(2.) The subject matter of the dispute between the parties is the land measuring 1 kanal 4 marlas comprising of Khasra Number 1099 / 842 and 1542 / 843 of village Changar, Mauza Thahra, Tehsil Bangana, District Una specifically described in the plaint and the jamabandi for the year 1979-80 and hereinafter to be referred as the land in dispute'.

(3.) The plaintiffs purchased the land in dispute for the previous owner Shri Charan Dass vide registered sale deed dated 21-10-1982. Since after such purchase the plaintiffs are coming in possession thereof as owners. The defendant, who is a head strong person, without any right, title or interest in the land in dispute has started interfering with the possession of the plaintiffs with threats to raise construction therein forcibly. The plaintiffs accordingly filed a suit for injunction against the defendant for restraining him from interfering in any manner with the possession of the plaintiffs over the land in dispute as owners thereof. In the alternative, it was pleaded that in case the defendant is found to be in possession of the land in dispute or he succeeds in raising any consideration over the land in dispute, a decree for possession may be passed in favour of the plaintiffs by way of demolition of superstructure, if any.