1. This appeal is directed against judgment and decree dated 30.11.2004 passed by the, Additional District Judge, Bathinda (hereinafter described as the First Appellate CourtJ whereby the appeal of the legal representatives of the plaintiff-Bhai Shaminder Singh (since deceased) was accepted and the judgment & decree dated 20.2.2003 of the Civil Judge (Senior Division), Bathinda (referred to hereinafter as the trial Court) Were set aside.

2. A suit for permanent injunction was filed by Bhai Shaminder Singh for permanent injunction seeking to restrain Bhai Amrinder Singh (since deceased and now represented by his legal heirs, who have preferred the instant appeal) from interfering in his peaceful possession over the land in dispute. It was pleaded that he was exclusive owner and in possession of the suit land.

3. The claim of Shaminder Singh was resisted by Amrinder Singh and it was pleaded that the former was not lawful owner and in peaceful possession of the land measuring 61 kanals 6 marlas. Further qualifying his defence, Amrinder Singh averred that Shaminder Singh was real brother of his father-Bhai Mohinder Singh and one Bhai Birinder Singh. It was further averred that