RAJINDER SINGH JOHAR Vs. IMPROVEMENT TRUST

JUDGEMENT

(1.) Plaintiff-Rajinder Singh Johar has come in Second Appeal, having remained unsuccessful in both the Courts below.

(2.) Plaintiff filed suit against Improvement Trust, Patiala alleging that plaintiff is absolute owner of suit land measuring six biswas, having purchased from Smt. Harbhajan Kaur wife of Teja Singh, vide sale deed dated 24.03.1981. In the alternative, the plaintiff alleged that he has became owner of the suit land by adverse possession, being in possession thereof since 24.03.1981. The defendant made road in part of the suit plot but still the plaintiff is in possession of the said land. The plaintiff accordingly sought declaration that he is sole and absolute owner of the suit land or alternatively he has become its owner by adverse possession. The plaintiff also sought mandatory injunction directing the respondent-defendant to remove the road made on part of the plot or in the alternative, possession of the said plot be granted. Permanent injunction restraining the defendant from interfering in the possession of the plaintiff was also claimed.

(3.) The defendant inter alia pleaded that Improvement Trust, Patiala, framed a scheme covering suit land as well. For the said scheme, the land was acquired vide award dated 28.7.1978. The suit land is included in the acquired land. Harbhajan Kaur, from whom the plaintiff purchased the plot, went and failed upto the Hon'ble Supreme Court. After decision of Supreme Court, defendant took possession of the suit property vide warrant of possession dated 10.04.1992. The suit property vests in the Improvement Trust, Patiala free from all encumbrances. Various other pleas were also raised.