THAROO MAL Vs. PILLIBHIT COOPERATIVE HOUSING SOCIETY

JUDGEMENT

(1.) THIS is an appeal by the plaintiff.

(2.) THE case of the plaintiff was that he was the owner of the plots in suit having an area of 2.43 acres situate in village Pakaria Naugawan, Pargana, Tehsil and District Pilibhit. It was asserted by the plaintiff that the defendant wanted to take possession of the plots in dispute and, therefore, the plaintiff instituted writ petition No. 2399 of 1964 and therein the proceedings for possession were stayed. It was then asserted that on 22-4-1969 a registered compromise was entered into between the plaintiff and the defendant. Under this agreement, the defendant acknowledged the ownership of the plaintiff over the land in dispute and since the land had been entered in the revenue record in the name of the defendant, a registered sale deed dated 21-4-1969 was executed by the defendant in favour of the plaintiff. THEn it was averred that the plaintiff was in possession without obstruction by the defendant but recently, sometimes in 1975, the defendant tried to interfere with the plaintiff's possession. In the circumstances, the plaintiff filed a suit for permanent injunction restraining the defendant from interfering with the plaintiff's possession over the land in suit.

(3.) THE trial court found under issue no. 3 that the Civil Court had jurisdiction to entertain the suit.