YOUSAF MASIH Vs. J S YUHANNA

JUDGEMENT

(1.) This is plaintiff's second appeal challenging the judgment and decrees of the Courts below whereby his suit for permanent injunction restraining the defendant from forcibly and illegally dispossessing him from the suit property was dismissed.

(2.) In brief as per the averments made in the plaint grand-father of the appellant was working with the defendant-school and was allotted the suit property i.e, his residential house Quarter No. 10, Queens Road, Alexendra School, Amritsar. After his death, father of the plaintiff started working in the defendant-school and his father along with his wife and children started residing in the suit property. After his death mother of the plaintiff was given employment in the school and she along with plaintiff and other family members started residing in the suit property. It was further averred that mother of the plaintiff had also died and after her death plaintiff was residing along his family in the suit property. Thus, according to the appellant he was residing in the suit property for the last about 30 years and defendant had no right to dispossess him from the suit property except in due course of law. It was further averred that the defendant was threatening to dispossess him forcibly, hence the present suit was filed.

(3.) Upon notice, the suit was contested by the respondents submitting that the plaintiff was a trespasser in the suit property as he was neither a tenant nor lessee, nor employee of the school, and in fact the appellant was working somewhere else. However, it was admitted that the suit property was allotted to his father and later on to his mother on compassionate grounds who was an abandoned lady. After her death the plaintiff forcibly entered into the premises by breaking upon the locks and a criminal case was also pending against him in this regard. Other material averments made in the plaint were denied and the dismissal of the suit was prayed for.