Ram Chand Gupta, J. - (1.) THE present regular second appeal has been filed against judgment and decree dated 11.12.2010, passed by learned District Judge, Gurdaspur, allowing appeal filed by Respondents -Plaintiffs against judgment and decree dated 1.6.2009 passed by learned Civil Judge, Junior Division, Pathankot, vide which suit filed by Respondents -Plaintiffs was dismissed and thereby decreeing the suit filed by Respondents -plaintiffs.
(2.) I have heard learned Counsel for the Appellants and have gone through the whole record carefully including both the judgments passed by learned Courts below. Briefly stated Respondents -Plaintiffs filed a suit for permanent injunction restraining present Appellant -Defendant from interfering or dispossessing them from the land in dispute on the ground that they have been continuing in possession of the same as Gair Dakhilkar and the same is owned by them as shamlat deh hasab Paimana Malkiat and, however, Defendant without any right entered into the said property and interfered in their possession.
(3.) DEFENDANTS have taken the plea that the Plaintiffs are in illegal possession of the land in dispute and that they are not in possession as tenant nor they are having any right whereas present Appellant -Defendant is having share in the shamlat land of the village and hence, a counter -claim was also filed to claim possession of the land in dispute and, however, later on the counter -claim was withdrawn on the plea that he had taken possession of the land in dispute during pendency of the suit.;