IMPORTANT POINT
Possession of property, once established, cannot be disturbed without due process, and admissions made by parties are binding and strong evidence.

JUDGMENT :

Ritu Tagore, J.

CM-321-C-2018

Prayer is for condoning delay of 61 days in refiling the appeal.

For the reasons mentioned in the application, delay of 61 days in refiling the appeal is condoned.

Application is disposed of accordingly.

CM-322-C-2018

Prayer is for condoning delay of 85 days in filing the appeal. For the reasons mentioned in the application, delay of 85 days in filing the appeal is condoned.

Application is disposed of accordingly.

CM-323-C-2018

Heard on application for bringing on record the LRs of deceased appellant-Manjinder Pal Singh. Application is duly supported by the affidavit of his LR-Parminder Kaur.

In view of the averments made in the application, same is allowed and Parminder Kaur-LR of deceased-appellant is ordered to be brought on record, subject to just exceptions.

Amended memo of parties is taken on record.

RSA-155-2018

1. Appellant-defendant has not been able to defend the suit for permanent injunction preferred by respondents-plaintiffs, before the learned Courts below and has filed this appeal.

2. Respondents-plaintiffs instituted a suit for permanent injunction against the appellant-defendant with averments that defendant or his assignees/associates be restrained from interfering or causing any interference in their peaceful possession over the suit property i.e., a residential house measuring 60 feet x 180 feet approximately, situated in Grewal Colony known as Basant Vihar Colony, Noorwala Road (village Phambra) Ludhiana, shown in the site plan attached and bounded with the boundaries detailed in the head note of the plaint, forcibly or illegally except in due course of law.

3. For the sake of convenience, herein, parties are referred to as per their status before the learned trial Court.

4. According to the plaintiffs, Kehar Singh their predecessor-ininterest was the owner of several acres of agriculture land and out of the said land, the plaintiffs raised construction of a residential house on a plot measuring 1200 square yards (60 feet x180 feet), as detailed in the head note of the plaint and started residing there. It is stated that over the time, the area developed and became popular as a Basant Vihar Colony, Ludhiana.

5. According to the plaintiffs, defendant is the grand-son of plaintiff No.1 and has been residing separately from them for many years in his separate house built nearby the land and now they have no relations with each other since long time. Plaintiffs also pleaded that they have been in possession of the suit property since the life time of Kehar Singh. They have their ration cards, birth certificates and other facilities in their names on the suit property. It is asserted by the plaintiffs that after the death of Kehar Singh on 30.04.2000, who died intestate, the defendant started threatening to dispossess them forcibly and illegally from the suit property, having no right, title, or interest in the same, and also made an attempt in said regard, but could not succeed due to timely intervention of the respectables that necessitated them to file the suit.

6. Appellant-defendant, upon appearance, filed his writtenstatement and denied the assertions of the plaintiffs to have raised any construction on the suit property or being in physical possession of it. Instead, pleaded to dismiss the suit of plaintiffs on the ground of vagueness and lack of proper description of the suit property, including its revenue or municipal number. Defendant admitted that deceased Kehar Singh was his grand-father, original owner of the suit property, however, asserted that Kehar Singh executed a Will dated 07.07.1993 in his favour for the services rendered by him to his grandfather and claimed his ownership on the suit property. He also pleaded that a suit for permanent injunction filed by him against the plaintiffs is pending for adjudication. On the above material assertions, defendant pleaded for dismissal of the suit of plaintiffs being devoid of merits.

7. Based on the rival pleadings, the learned