JUDGEMENT
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(1.) Trial court had partly decreed the suit of the
plaintiff/appellant for permanent injunction restraining the
defendants/respondents (herein referred as the defendants) from
interfering in his possession illegally and forcibly over the suit land
except khasra No.459//15/2 (4-5) and 459//16/1 (1-5) and it was
further ordered that the defendants would be at liberty to use their
own land bearing khasra Nos.459//15/2 (4-5) and 458//16/1 (1-5), at
their own wish. The appellate court vide judgment dated 20.9.2011,
dismissed the appeal.
(2.) The plaintiff had filed a suit for permanent injunction
restraining the defendants from interfering in his possession and also
dispossessing him illegally and forcibly from the land measuring 5
kanal 10 marla comprised in Rect. No.459 Killa No.15/2 (4-5), 16/1
(1-5) on the basis of their ownership.
(3.) The defendants while contesting the cause, raised some
preliminary objections, inter alia, that the plaintiff has no concern with
the suit land; defendants Nos. 4 and 5 are the owners in possession
and other defendants are assisting them in cultivating the said land.;
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