LAWS(P&H)-2010-1-172

PAVITTAR SINGH Vs. DALIP SINGH

Decided On January 12, 2010
PAVITTAR SINGH Appellant
V/S
DALIP SINGH Respondents

JUDGEMENT

(1.) The defendant / appellant has filed this regular second appeal, to challenge the judgment and decree dated 16.7.2009, passed by the learned Courts below, in a suit for mandatory injunction, filed by the plaintiff / respondent.

(2.) Though, in the grounds of appeal, as many as seven substantial questions of law were raised, but Mr. R.L. Batta, the learned Sr. Advocate appearing on behalf of the appellant, in view of the previous litigation, did not press any of the substantial questions of law, except the following :-

(3.) The facts in brief are, that Pavittar Singh-appellant had previously filed a suit No. 651 on 9.12.1995 for perpetual injunction restraining the defendant- Dalip Singh and Harbhajan Kaur, their agents, servants, associates etc. from dispossessing or causing to dispossess illegally and forcibly, the appellant from the property No. H-5, Sarabha Nagar, Ferozepur Road, Ludhiana, and from interfering, in any manner, whatsoever in possession and in the business of the appellant, being run in the said property, on the basis of oral and documentary evidence.