A person in settled possession of property cannot be dispossessed otherwise than in due course of law.

Devinder Gupta, J.—This appeal was admitted on the following question of law : "Whether in the facts and circumstances of the case the learned District Judge was justified in dismissing the appeal summarily without notice to the respondents."

2. At the very out-set learned Counsel for the appellant stated that he may also be permitted to agitate another question of law arising for determination namely : "Whether the plaintiff who was in settled possession of a part of the suit property ought have been granted decree for injunction that his possession be not disturbed otherwise than in due course of law."

3. On 27th April, 1988 a suit was filed by the plaintiff-appellant against the defendants-respondents wherein a decree for permanent prohibitory injunction was claimed against the defendants from interfering in any manner or carving out or laying out or constructing any road inland measuring 37 Kanals 8 Marlas comprised in Khasra No. 934 and land measuring 7 Kanals I Marla comprised in Khasra Nos. 978, 985 and 986 as per Jamabandi for the year 1982-83 situate in village Kuthera Jaswalan in Tehsil Amb of District Una. It was alleged that the plaintiff alongwith his brother owned and possessed the suit property over which his Abadi was also located but the defendants at the behest of certain interpreted persons wanted usurp the property for which purpose the defendants were preparing to change the alignment of the road by constructing the same through his property for which, it was alleged, that the defendants had no right. Consequently, a decree for injunction was claimed.

4. The suit was resisted by the defendants-respondent on a number of grounds by denying that the plaintiff was the owner in possession or that he was entitled to a decree of injunction. Resides taking a number of legal objections about the maintainability of the suit etc. It was alleged that the suit land was in ownership of the Central Government as an evacuee property since 1954-55 and that the defendants had constructed a road in the year 1983 in a part of the suit land, which during settlement had been shown as Khasra Nos. 22(7, 2220 and 2222, which were in possession of the defendants as per the latest Misal Haquiat Bandobast Jadid Sani. The defendants also alleged that the possession of the plaintiff might be there on some portion of the suit property but the same was not better than that of an encroacher. Link road from Guglehar to upper Oel via Kuthera Jaswalan and Mawa Sindhian had been constructed by spending considerable amount and consequently the plaintiff was not entitled to the decree claimed by him.

5. The trial Court came to the conclusion that the plaintiff was owner in possession of 37 Kanals 8 Marlas of land comprised in Khasra No. 934 which bad been shown during settlement as Khasra Nos. 1703, 1704, 1705, 1708, 1709, 1711 and 5622/1707. On the basis of these findings a decree for prohibitory injunction was passed in favour of the plaintiff and against the defendants with respect to this property. For the remaining land the trial Court held that land measuring 7 Kanals 1 Maria comprised in Khasra Nos. 978, 985 and 986 was an evacuee property owned by the Central Government over which the plaintiff had no right, title or interest and these three Khasra numbers were now reflected in revenue records as Khasra Nos. 2217, 2220 and 2222 and as per the entire in the revenue records were in occupation of the Public Works Department and the nature of the same was road. Since the plaintiff was held not in possession over this part of the suit property his suit with respect to land measuring 7 Kanals 1 Marla comprised in Khasra Nos. 978, 985 and 986 was dismissed by the trial Court vide its judgment dated 20th June, 1992.

6. Feeling aggrieved, the plaintiff preferred an appeal before the lower appellate Court against the judgment and decree passed by the trial Court seeking its modification and claiming a decree for injunction with respect to the