K.C. Puri, J. - (1.) CM No. 1844 -C of 2013
(2.) THERE is delay of 8 days in re -filing the appeal. For the reasons mentioned in the application, the delay of 8 days in re -filing the appeal stands condoned and the application stands allowed. Main case Plaintiffs -appellants have directed this appeal against the judgment and decree dated 22.11.2012 passed by Sh. Kishore Kumar, Additional District Judge, Amritsar vide which the appeal preferred by the plaintiffs against the judgment and decree dated 20.1.2012 passed by Ms. Jitender Walia, Additional Civil Judge (Senior Division), Ajnala was dismissed. Briefly stated, the plaintiffs filed suit for permanent injunction restraining the defendants from interfering in the peaceful possession of the suit property. It is alleged that the suit property is ownership of Provincial Govt. and is under the possession of plaintiffs for the last more than 15 years. Suit land was uncultivable and infertile which was made fit for cultivation by the plaintiffs by spending huge amount and labour. Earlier khasra girdawaries regarding suit property were wrongly recorded in the name of Chanan Singh and the same have been corrected in the name of plaintiffs. Chanan Singh expired and his legal heirs swore an affidavit confirming possession of the plaintiffs over suit property. Suit property is situated near Barbed Wire near Indo -Pak Border in village Dag. 77 -Battalion of BSF has been posted near the suit property. The defendants are out to dispossess the plaintiffs.
(3.) UPON notice, the defendants appeared and filed written statement that they are in possession of the suit property. No notice under Section 80 CPC was given. The ownership of the Provincial Government was admitted. It is admitted that defendants are in possession.;