- (1.) Present Regular Second Appeal is directed against the concurrent findings of both the Courts below, whereby, the suit for permanent injunction filed by the plaintiffs-respondents was decreed by the Court of first Instance vide judgment and decree dated 21.02.2011. The appeal filed by appellant-defendants was dismissed by learned Additional District Judge, Hoshiarpur vide judgment and decree dated 15.02.2016.
(2.) For the sake of convenience, parties are being referred to as per their status before the Court of first Instance.
(3.) Relevant facts of the case for the purpose of decision of this appeal; that plaintiffs Government High School (Senior Secondary School) Salempur and two others filed suit for permanent injunction restraining the defendants from interfering in the possession of suit property in land measuring 1 kanal-15 marlas comprised in Khasra No.124, Khewat No.1603, Khatoni No.1753, situated at Village Salempur, Tehsil Dasuya, District Hoshiarpur. The suit property is owned by plaintiffs as per the revenue records. The said property is shown to be 'Mushtarka Malkan' 'Digar Hakdaran' and the same is in possession of Senior Secondary School Salempur. The students of said school used to play on the suit property and defendants have no right, title or interest in the suit property but were threatening to interfere in the possession of the plaintiff.;