G.S.SINGHVI, J. - (1.) THIS appeal is directed against judgment and decree dated 23.4.1979 passed by Additional District Judge, Narnaul in Civil Appeal No. 65/89 of 1977/1978 confirming judgment and decree dated 16.5.1977 passed by Sub Judge Ist Class, Mohindergarh in Civil Suit No. 267 of 5.9.1975 vide which he dismissed the suit for permanent injunction filed by the appellant. The respondents have filed cross-objection for setting aside the finding recorded by the Lower Appellate Court on Issue No. 1.
(2.) BEFORE proceeding further, I may mention that in the memo of appeal, the appellant had framed the following questions of law : "(a) Whether the courts below can ignore the well-established principle of law, "possession follows title" in this case; and (b) Whether the courts below were justified in law in refusing the alternative relief for possession after holding title of the plaintiff to the land in dispute." However, while admitting the appeal on 19.11.1979, this court opined that only question No. 2 would require consideration by this Court.
(3.) FOR the purpose of deciding whether the Courts below erred in not granting alternative relief of possession to the appellant, I may briefly notice the relevant facts :;