LAWS(P&H)-2010-7-227

KARAM CHAND AND ORS Vs. BALBIR SINGH

Decided On July 06, 2010
Karam Chand And Ors Appellant
V/S
BALBIR SINGH Respondents

JUDGEMENT

(1.) This is second appeal by legal representatives of plaintiff Lachhmi Devi (since deceased), having remained unsuccessful in both the courts below.

(2.) Lachhmi Devi filed suit against Balbir Singh - defendant- respondent for permanent injunction alleging that the plaintiff purchased the disputed plot vide registered sale deed dated 28.08.1973 from Inder Singh and since then, plaintiff is owner in possession thereof and khasra girdawri has also been entered in her favour. The plaintiff also raised boundary wall of the disputed plot. The defendant, having no concern with the disputed plot, intended to interfere in plaintiff's peaceful possession thereof. The defendant has no right to do so.

(3.) The defendant inter alia pleaded that plaintiff has filed suit by describing wrong dimensions and boundary and in fact, the plaintiff wants to interfere in peaceful possession of the defendant over his plot bearing khasra No. 59//23/2 measuring 11 marlas being 4/9th share of 01 kanal 04 marlas land of the said khasra. Defendant is owner in possession of the said plot having purchased it from Darshan Singh and Gurdev Kaur vide registered sale deed dated 11.11.2001. The defendant constructed boundary wall of the said plot. The defendant had already filed injunction suit against plaintiff and others regarding the said plot.