HARMIT SINGH Vs. PRABHA RANA

JUDGEMENT

(1.) This is a plaintiff's Second Appeal, whereby, he has questioned the judgment dated 02.02.2019, as rendered by the 3rd Additional District Judge, in Civil Appeal No. 5 of 2014, Smt. Prabha Rana Vs. Sri Harmit Singh, whereby, the appeal of the defendant/respondent was allowed, setting aside the decree dated 15.12.2013 rendered by Trial Court in O.S. No. 13 of 2002, Harmit Singh Vs. Prabha Rana.

(2.) Brief facts, as has been brought on record by the plaintiff appellant to the Second Appeal is that the plaintiff appellant is said to have instituted a Civil Suit, being Suit No. 13 of 2002, Shri Harmit Singh Vs. Prabha Rana on 15th January, 2002, seeking a decree of permanent injunction in relation to the property as described at the foot of the plaint. The relief and the description of the property as provided in the plaint is quoted hereunder :-

(3.) The plaint case of the plaintiff was that the property in dispute which has an area of 119.83 sq. meter as described in the plaint, he contends to have purchased the said property by virtue of the sale deed executed in his favour on 10th November, 2000 from his predecessor owner Shyam Singh S/o Megh Singh. He submits that in and around the area of the property situated in the western part of the plot No. 5 & 4, lies the disputed passage described in map by alphabets EFGH as filed with written statement. The defendant had purchased the said property, lying on the western side of the disputed passage, i.e. plot No.3, much prior in time, i.e. by virtue of the sale deed dated 19th September, 1999. The cause of action which has been taken as to be the reason for instituting the suit was that on 14th January, 2002, the defendant / respondent is said to have visited the spot and started demolishing the wall of the plaintiff and, thereby, obstructing the property i.e. the passage which was allegedly purchased by him by the sale deed dated 10th November, 2000. He contended that there was no right with the defendant to demolish the wall existing on the northern side as there was no right or title vested with the defendant/respondent. It was further pleaded that the plaintiff is recorded in the revenue record in Shrerni 1 Ka, as per the category as classified bhumidhars under Section 129 of the Zamindary Abolition and Land Reforms Act, 1950, and the property which adjoins the western portion of the disputed property was the defendant's land which was admittedly purchased by the defendant much prior in time on 19th September, 1999, by virtue of the registered sale deed, i.e. plot No. 3 as per map annexed with the written statement.