IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Regular Second Appeal No.2915 of 1988

Date of decision: 22^nd December, 2010

Sardar Singh

… Appellant

Versus

Mukesh Singh and another

… Respondents

CORAM:

HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

Present:

Mr. Amar Singh Tewatia, Advocate for the appellant.

Mr. C.B. Goel, Advocate for the respondents.

KANWALJIT SINGH AHLUWALIA, J. (ORAL)

Present appeal has been filed by defendant to the suit.

Plaintiff-respondent Mukesh Singh instituted a suit for permanent

injunction, wherein he averred that he was in cultivating possession of the

suit land, the description whereof was given in the plaint, as a tenant at

will on 1/3^rd Batai since Kharif 1981. He further stated that defendant

No.2-Rikhi Raj, who has died during the pendency of the present appeal,

was owner of the suit land. It was pleaded that the appellant-defendant

No.1 was taking active steps to dispossess the plaintiff-respondent

forcibly and illegally from the suit land. The appellant-defendant No.1 to

the suit claimed title of the property through Rikhi Raj. It is his case that

Rikhi Raj had agreed to sell the property to him and had execut