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2017 Supreme(P&H) 1497

AVNEESH JHINGAN
Prem Nath – Appellant
Versus
Surjit Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Rajeev Dev Sharma

JUDGMENT :

Avneesh Jhingan, J.

The present regular second appeal is at the behest of defendants No.1 and 2 being aggrieved of the judgments and decrees passed by the learned courts below decreeing the suit for permanent injunction filed by the plaintiff.

2. For the sake of convenience, the parties are being referred to as per their original position in the civil suit.

3. The plaintiff filed a suit for permanent injunction against the defendants restraining them from interferring in any manner, by banna shikni or otherwise over the possession of the plaintiff as owner of the premises and the land detailed in the suit.

4. The factual averments made by the plaintiff in the suit are that he along with his co-sharers is owner in possession of the land measuring 5 kanals 17 marlas comprised in khasra No. 65/4, as detailed in the plaint. It was averred that the land exists in the abadi and there is a family gurudwara. It was further averred that the defendants had no right with respect to the suit land but being influential persons, they were committing trespass through banna shikni. It was in these circumstances that the suit was filed.

5. On notice, defendants No.1 and 2 filed written stateme

























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