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2017 Supreme(P&H) 2634

RAMESHWAR SINGH MALIK
Parkash Kaur – Appellant
Versus
Joginder Singh – Respondent


Advocates Appeared:
For the Appellant :Raj Paul Kansal, Advocate
For the Respondent:Mahavir Sandhu, Advocate

JUDGMENT :

Rameshwar Singh Malik, J.

Unsuccessful defendants are in regular second appeal against the concurrent findings of facts recorded by both the learned Courts below, whereby suit for permanent injunction, filed by the plaintiffs-respondents, was decreed by the learned trial Court vide its impugned judgment and decree dated 15.6.2010 and first appeal of the defendants was also dismissed by the learned first appellate Court vide its impugned judgment and decree dated 8.2.2011, upholding the judgment and decree of the learned trial court.

2. Brief facts of the case, as noticed by learned trial court in para 1 of its impugned judgment, are that plaintiffs were in peaceful possession of the land, as mentioned in head note of the amended plaint, for the last more than 30 years continuously and possession of the plaintiffs was open, hostile and continuous over the suit. Initially, the suit land was banjar and was made cultivable by the plaintiffs and became most fertile in the area and possession of the plaintiff was since 1964 continuous over the suit land supported by documentary evidence, as fully recorded in the revenue record i.e. jamabandi and khasra girdawari.

3. Further stated

























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