LAWS(DLH)-2011-1-266

DHARAM PAL Vs. FATEH SINGH

Decided On January 18, 2011
DHARAM PAL(DECEASED) NOW REPRESENTATED BY HIS LRS Appellant
V/S
FATEH SINGH (DECEASED) THROUGH LRS Respondents

JUDGEMENT

(1.) THIS second appeal has impugned the judgment and decree dated 06.10.2003 which had endorsed the finding of the trial judge dated 16.5.1996 whereby the suit of the plaintiff seeking permanent injunction had been dismissed.

(2.) THE plaintiff had filed the present suit claiming himself to be the owner and in possession of premises bearing No.462 along with Baithak as shown in the red colour in the site plan. He had sought a decree of injunction from dispossession from the Baithak as it was contended that the defendant had threatened to take forcible possession.

(3.) THE impugned judgment had endorsed this finding. THE record of the trial court had been perused in detail. It was reaffirmed that the judgment of the trial court suffers from no illegality as the plaintiff in spite of several opportunities having been granted to him had failed to adduce any evidence.