RAJIV GOEL Vs. SOHAN LAL KHOSLA

JUDGEMENT

(1.) This revision arises out of an order passed by learned Civil Judge (Junior Division) Patiala dated 10.8.2009, vide which an application filed under Order 1 Rule 10 of Code of Civil Procedure, 1908 (for short, 'CPC') by the petitioner has been dismissed.

(2.) Brief facts of the case are that a suit for permanent injunction has been filed by the plaintiff Sohan Lal Khosla against Municipal Council, Sanaur, seeking to restrain it from interfering in his peaceful possession over the private passage measuring 200 square yards purchased by him vide sale deed dated 25.1.1999 and to take action in pursuance of notice dated 13.10.2005 issued by the defendants to remove obstruction from the private passage within seven days.

(3.) In the plaint, the plaintiff/respondent No. 1. has pleaded that he owned an ancestral house abutting khola measuring 200 square yard owned by Krishan Murti son of Dharam Pal and Chaman Parkash Ex- President, M.C. Sanaur son of Jagan Nath and there was a private passage 3'-6" in front of his house which goes up to that khola only and there was no other house in that street. He had purchased the said khola alongwith the private passage from the aforesaid persons vide registered sale deed dated 25.1.1999. Originally, before purchasing the said khola by the plaintiff, there were five outlets which fell in the drain in front of the house of the plaintiff and there was two ventilators towards the said private passage. Due to submerging of the water of outlets of Rajiv Goel (petitioner) the condition of the house of the plaintiff had become so drastic that it could collapse at any time. It is further averred that the plaintiff after demolishing his old house submitted a map, duly signed, for constructing his house, for its sanction to the defendants, but the defendants Municipal Council threatened the plaintiff to take possession of the said house forcibly which led to the filing of the suit for permanent injunction.