JUDGMENT

Manisha Batra, J.

Instant appeal has been preferred against the judgment and decree dated 11.12.2001 passed by the Court of learned District Judge, Rupnagar in Civil Appeal No. 132 of 4.12.1999 titled as Darshan Singh v. Mohinder Singh, whereby the judgment and decree dated 18.11.1999 passed by the court of learned Civil Judge (Senior Division), Rupnagar in Civil Suit No. 235 of 27.07.1988 titled as Mohinder Singh v. Darshan Singh, had been set aside and the appeal was allowed.

2. For the sake of convenience, the parties shall be referred to hereinafter as per their original nomenclature as given during trial of the suit.

3. Brief facts of the case relevant for the purpose of disposal of this appeal are that the plaintiff-Mohinder Singh filed the aforementioned suit on the averments that he was owner in possession of land comprised in Khasra No. 469 and 469/1 measuring 0-9 biswas and 0-4 biswas respectively. He had also applied with the Custodian department for allotment of land comprised in khewat No. 69, khatauni No.90, khasra no. 469/2, measuing 10 biswas situated at Village Hussianpur, Tehsil and District Ropar (hereinafter to be referred as "disputed property"). The Custodian department after verifying and confirming the possession of the plaintiff over the disputed land had allotted the same to him and a conveyance deed dated 27.07.1982 was executed in his favour. The mutation of the disputed property was also sanctioned in his favour and ever since then the plaintiff was in possession of the disputed property. He was using it as a courtyard of his house which was abutting the disputed property and used to store cow dung cakes and tie buffalows over the same. He had barbed the disputed site with wire and also used it as 'dher'. Even the windows and doors of his house were opening towards the disputed property. While further claiming that his possession over the disputed property was hostile to villagers including the defendant and he had become owner of the same, the plaintiff alleged that the defendant who had no concern with the disputed property, was bent upon grabbing the same and interfering in his possession. Therefore, he prayed for passing a decree for permanent injunction thereby restraining the defendant from interferring in his peaceful possession over the disputed property or from dispossessing him from the same.

4. The defendant appeared in response to the notice and filed written statement raising preliminary objection as to maintainability. It was alleged that the disputed land had infact been allotted to one Ram Singh son of Badan Singh in the year 1953 by the Custodian department and a conveyance deed was also executed in his favour. The defendant had purchased this property vide sale deed dated 09.07.1982 from subsequent purchasers of Ram Singh and he was in possession of the disputed property since then. It was also pleaded that proceedings by way of remand qua the disputed property were pending before the Tehsildar, Sales, Ropar who was directed to inspect the spot personally. While controverting the remaining averments, dismissal of the suit had been prayed for.

5. No rejoinder was filed. On the pleadings of the parties following issues were settled by learned trial Court vide order dated 23.09.1988:-

"1. Whether the plaintiff is the owner in possession of the land in dispute? OPP.

2. Whether the plaintiff is entitled to the injunction prayed for? OPP.

3. Whether the suit is not maintainable in the present form? OPD.

4. Relief."

6. The parties adduced evidence in support of their respective ass