R.S.A. No. 3461 of 2007 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH R.S.A. No. 3461 of 2007 (O&M) Date of Decision : 18.3.2009 Dalel Singh .......... Appellant Versus Surat Singh & others ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. R.N. Lohan, Advocate for the appellant. Mr. Amit Goyal, Advocate for Mr. R.M. Singh, Advocate for respondent No.1. **** VINOD K. SHARMA, J. (ORAL) This regular second appeal is directed against the judgments and decree dated 3.5.2005 and 28.7.2007 passed by the learned Courts below vide which suit filed by the plaintiff – respondent No.1 for permanent injunction restraining defendants from interfering in peaceful possession of the plaintiff / respondent No.1 except in due process of law, has been ordered to be decreed. The learned Courts below have been pleased to grant injunction even though the plaintiff is co-sharer with the defendant / appellants primarily on the ground that the exclusive possession of the plaintiff over the land in dispute was admitted by the defendants for the last 16 years. Once the plaintiff / appellant was able to prove his exclusive established R.S.A. No. 3461 of 2007 2 possession, the injunction against the co-owner could not be said to be barred as contended by the learned counsel for the appellant. The learned counsel for the appellant challenged the judgment and decree on the plea, that stand of the plaintiff that he has enclosed the area by fence of barbed wire and has planted trees while the remaining portion of the suit land is cultivated by him can not prove exclusive possession of the plaintiff over the land in dispute. This plea is totally misconceived in view of the admission by the defendants in their written statement that the plaintiff was allowed to fence the plot in dispute and since then he is in physical possession of it. The appeal raises no substantial question of law for consideration by this Court. No merit. Dismissed. 18.3.2009 ( VINOD K. SHARMA ) 'sp' JUDGE