Kashmir Singh vs Gurjit Kaur - 2023 Supreme(P&H) 2843

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2843

ARUN MONGA
Kashmir Singh – Appellant
Versus
Gurjit Kaur – Respondent

Advocates Appeared:
Mr. B. S. Jaswal, Advocate; For the Appellant

Table of Content
1. ownership and possession of property. (Para 1 , 2 , 3)
2. plaintiff's assertions regarding possession. (Para 8 , 11 , 12)
3. judicial reasoning and factual findings. (Para 10 , 13 , 14 , 15 , 16)
4. dismissal of appeal due to lack of merit. (Para 17)
5. no orders on costs. (Para 18 , 19)

JUDGMENT

Mr. Arun Monga, J. (Oral)

Having suffered adverse concurrent findings by the two Courts below, plaintiff/appellant herein is in second appeal against the judgment and decree dated 25.09.2018, as upheld by learned First Appellate Court vide its judgment and decree dated 05.03.2020, vide which suit for permanent injunction restraining the defendants from interfering into his peaceful possession over the land in dispute, was dismissed.

2. Briefly stated, facts as noticed by Courts below are that plaintiff-appellant's father Jarnail Singh was the original owner in possession of the property in question. He died on 17.03.2016. Plaintiff and his brother and sisters inherited said property. Baldev Singh brother of the plaintiff also died later. After death of Baldev Singh, defendant- Babbu contracted second marriage. Now plaintiff and his brother Gurmeet Singh are owners in possessio