Surinder Gupta, J. - (1.) Plaintiff-respondent no. 1 (Jugal Kishore) filed suit seeking the relief of permanent injunction to restrain the defendants, including appellants in this appeal, from interfering in his peaceful possession over the suit land, which was decreed by Additional Civil Judge (Senior Division), Patiala. Bhagwant Singh one of the defendants filed appeal against judgment and decree passed by the trial Court, which was dismissed. Appellants, Joginder Singh and Pal Singh @ Varinderpal Singh, had not preferred any appeal against the judgment and decree of trial Court, however, they have come up with this second appeal against judgment of Ist Appellate Court.
(2.) Learned counsel for appellants has argued that the suit property belongs to Municipal Corporation, which was not impleaded as party. Plaintiff-respondent no. 1 is in possession of the suit property in which appellants are co-sharers but he is not making payment of rent to appellants or even to Municipal Corporation and being trespasser he has no right to remain in possession of the suit property. He has placed reliance on observations of this Court in case of Duli Chand v. Om Parkash, 2002 (2) Civil Court Cases 201 (P H ) and observations of Supreme Court in case of Mahabir Prasad Jain v. Ganga Singh, 1994 (4) RCR (Civil) 464.
(3.) Learned counsel for plaintiff-respondent no. 1 has argued that possession of plaintiff over the suit property is admitted. He has not claimed any relief against his landlord or Municipal Corporation, as such, his suit is not bad for non-joinder of necessary party. Even if, plaintiff is considered to be a trespasser, being in established possession he is entitled to relief of injunction. In support of his contention he has relied upon observations of Apex Court in case of Rame Gowda (D) by LRs v. Mr. Veradappa Naidu (D) by LRs and another, 2004 (1) SCC 769. He has further argued that judgment of the trial Court has attained finality against appellants as they never challenged the same by filing appeal before Ist Appellate Court.;