- (1.) The epitome of the facts, which requires to be noticed for a limited purpose of deciding the core controversy, involved in the present appeal and emanating from the record is, that Tara Singh and Bishamber Singh sons of Munshi Ram-respondent-plaintiffs(hereinafter to be referred as "the plaintiffs") filed the suit for permanent injunction, restraining the State of Punjab and its Divisional Forest Officer-appellant-defendants(for brevity "the defendants") from cutting and removing the Eucalyptus trees standing in their land in dispute, situated in village Taragarh, Teshil Pathankot, District Gurdaspur.
(2.) The case set-up by the plaintiffs, in brief, insofar as relevant was, that they are absolute owner and in exclusive possession of their land in question, in which, they have planted about 30 Eucalyptus trees towards the side of Ravi Dhussi Bandh. It was claimed that since, their land adjoins Ravi Dhussi Bandh, so, they moved an application to defendant No.2, for permission to cut and remove the trees. Instead of granting the permission, the defendants threatened to forcibly cut and remove the indicated trees standing in their land, without any legal right.
(3.) Levelling a variety of allegations and narrating the sequence of events, in all, according to the plaintiffs that they are absolute owner, in actual possession and have planted about 30 Eucalyptus trees, but the defendants threatened to forcibly cut and remove the trees from their land, without any legal basis. They asked the defendants not to do so, but in vain, which necessitated them to file the present suit. On the basis of aforesaid pleadings, the plaintiffs filed the suit for a decree of permanent injunction against the defendants, in the manner described hereinabove.;