IMPORTANT POINTS
(1) One who claims possession has to give all relevant details and he has to disclose basis of his claim to continue in possession.
(2) A person in a settled possession even on assumption that he had no right to remain in property cannot be dispossessed by owner of property except in due course of law.
(3) Settled possession must be acquiesced by true owner and a causal act of possession would not amount to settled possession.

JUDGMENT

By this common judgment, two appeals, MA No. 12/2023 arising out of order dated 24.05.2023 passed by the learned 1st Additional District Judge, Jammu and MA No. 30/2023 arising out of order dated 21.08.2023 passed by the learned Additional District Judge, Jammu are proposed to be decided. Since the subject matter of both the appeals is the same, as such, both these appeals are being decided together.

2. Vide MA No. 12/2023, the appellants have challenged order dated 24.05.2023 passed by the 1st Additional District Judge, Jammu, whereby in a suit filed by respondent-Paramjeet Singh against the appellants-Raj Kumar etc. for grant of permanent prohibitory injunction, while deciding the application under Order 39 Rules 1 and 2 of the Code of Civil Procedure (CPC), the learned trial Judge has temporarily restrained the appellants from causing interference into peaceful possession of the respondent-plaintiff over the suit land measuring 4 kanal and 5 marlas falling under khasra Nos. 2034, 1753, 436 and 422 situated at Village, Salehar, Tehsil, R. S. Pura.

3. Vide MA No. 30/2023, the appellant-Paramjeet Singh, who happens to be respondent in MA No. 12/2023, has assailed order dated 21.08.2023 passed by learned Additional District Judge, Jammu in a suit filed by respondent-Raj Kumar, who happens to be respondent No. 1 in MA No. 30/2023, while deciding application under Order 39, Rules 1 and 2 read with Section 151 of the CPC, the trial court has directed the parties to maintain status quo and it has also been observed that there is a prima facie case in favour of the plaintiff and that his possession has to be protected. It is pertinent to mention here that the subject matter of the suit filed by Raj Kumar before the Additional District Judge, Jammu is land measuring 3 kanals and 15 marals falling under khasra Nos. 436, 2036, 1752 and 422 situated at Village Salehar, Tehsil, Bishnah.

4. Briefly stated, the facts of two cases as the same emerge from the pleadings are that Paramjeet Singh claims that the suit land was allotted to his father in 1947 as he was a refugee. He further claims that in the year, 1991, his father had gifted land measuring 06 kanal 7 marlas to him by way of a gift deed duly registered before the Sub Registrar, R. S. Pura and out of the said land, 2 kanals and 2 marlas were sold by him. According to Paramjeet Singh, presently he is left with land measuring 4 kanals and 5 marlas and Raj Kumar and Roshan Lal, who happen to be the defendants in his suit filed before the court of learned 1st Additional District Judge, Jammu are causing interference in his peaceful possession over the land in question, though they have no right or interest therein.

5. Raj Kumar has filed a suit before the court of learned Additional District Judge, Jammu whereby he has challenged gift deed executed by the father of Paramjeet Singh in his favour in respect of the land in question. According to him, the said gift deed is null and void because the possession of the land in question has always been with him. It is being contended by Raj Kumar that he is in cultivating possession of the land for the last 40 years. It is being claimed that even though father of the defendant was recorded as an occupancy tenant of the land in question but he was not in its possession. It has been contended that the possession of Raj Kumar over the land in question has been continuous and uninterrupted without any objection from Paramjeet Singh. According to Raj Kumar in the year, 1998, the Girdhawar and Patwari concerned made an enquiry and spot inspection of the suit land and recorded possession of Raj Kumar in the land in question by virtue of “dasti naksha”(map). It is averred that Raj Kumar purchased land adjoining to the suit land over which he has constructed a plinth. According to Raj Kumar, khasra girdawari in respect of the suit land has been attested in his favour in the year 2021 to 2023 which clearly reflects that he is cultivating posses