RAMESH CHANDER Vs. PIARA LAL

JUDGEMENT

(1.) Defendant Ramesh Chander has invoked the jurisdiction of this Court under Article 227 of the Constitution of India to challenge order dated 04.05.2010 (as corrected vide order dated 05.06.2010) passed by learned Civil Judge (Junior Division), Jalandhar, thereby dismissing defendant's application for permission to construct roof of the suit property.

(2.) Respondent Piara Lal has filed suit against the petitioner for permanent injunction and also moved application for temporary injunction alleging that the plaintiff-respondent is owner of the suit property. Plaintiff's elder brother Amar Nath was residing as licensee in a portion of the suit property. After death of Amar Nath, his wife and two sons became licensees under the plaintiff. Disputed portion of the suit property was let out by plaintiff's father to defendant's father. After the death of fathers of both the parties, defendant became tenant in the disputed portion under the plaintiff. The defendant threatened to raise construction and to change nature of the suit property without any right to do so. The plaintiff claimed injunction against the same.

(3.) The defendant inter alia pleaded that area under occupation of the defendant was not allotted to plaintiff's father and is not owned by the plaintiff. The said area is surplus area and the same was occupied by defendant's mother in the year 1960. The defendant also pleaded that he did not want to demolish any construction, but intended to construct roof of the suit property for the shelter of his family. Learned trial court, vide order dated 05.05.2008 (Annexure P-1), restrained the defendant from changing shape/nature of the suit property in any manner and from raising any construction therein till final decision of the suit.