SANDEEP SINGH Vs. NANAK CHAND

JUDGEMENT

(1.) Sandeep Singh plaintiff has filed the instant revision petition under Article 227 of the Constitution of India assailing judgment dated 07.05.2010 (Annexure P-1) passed by learned Additional District Judge, Hisar, thereby allowing appeal filed by defendant-respondent Nanak Chand against order dated 22.02.2010 (Annexure P-2) passed by learned Civil Judge (Junior Division), Hisar. The trial court, vide order Annexure P-2, allowed application of plaintiff for temporary injunction and restrained the defendant from encroaching upon the plot of the plaintiff. However, the appellate court, vide impugned judgment (Annexure P-1), set aside the said order of the trial court and dismissed plaintiff's application for temporary C. R. No. 3422 of 2010 2 injunction.

(2.) I have heard learned counsel for the petitioner and perused the case file.

(3.) Plaintiff alleged that he is owner in possession of a house in Patel Nagar, Hisar having purchased it vide sale deed dated 06.02.1996. Defendant is also owner in possession of other house in Patel Nagar, Hisar having purchased it vide sale deed dated 19.06.1984. The two houses are adjacent to each other. There was intervening wall between the two houses, which is the bone of contention. The said wall stands demolished. The plaintiff sought temporary injunction restraining the defendant from raising construction on land in excess of the land purchased by him and from encroaching upon the house of the plaintiff till decision of the suit. The defendant alleged that in agreement to sell dated 11.10.1982 in his favour, northern side of his property was 16 feet, but it was inadvertently mentioned to be 14 feet in the sale deed although even as per municipal record, the northern side of the defendant's house is 16 feet. Defendant also alleged that the plaintiff has forcibly demolished the boundary wall and encroached upon Government land. The plaintiff does not have any land adjoining to the property of the defendant.