JUDGMENT :

JYOTSNA REWAL DUA, J.

1. This appeal was admitted on 28.10.2010 on following substantial question of law:

“Whether the first Appellate Court has fallen in error, by granting decree of permanent prohibitory injunction against the defendant-appellant, who has been held to be the owner of the suit land?”

2. The case:

(i) A civil suit was instituted by late Sh. Sawaru the predecessor-in-interest of the present respondents against late Sh. Durga Dass predecessor-in-interest of the present appellants. In the civil suit following relief was claimed:

“1. Decree for declaration that the plaintiff is owner in possession of the suit land and the entries in the revenue record are wrong.

2. Decree for permanent injunction that the defendant should not interfere in any manner in this suit land.

3. In case the defendant take forcible possession of the suit land then decree for possession.

4. Any other relief which this Hon’ble Court deems fit by passed in favour of the plaintiff and against the defendant.”

(ii) Plaintiff’s case was that he was in possession of the suit land since the year 1956. His possession was open, peaceful and without any interruption to the knowledge of the owner. He was i