GURNEK SINGH Vs. MANJIT KAUR

JUDGEMENT

(1.) CM No. 15557-C of 2018

(2.) In brief the facts relevant to the present Us are that the plaintiff-appellant had filed a suit for permanent injunction for restraining all the defendants from changing the nature of the land by digging or filling earth or by way of making any type of alteration, construction or demolition and further for restraining defendant-respondent Nos. 1 and 2 from selling any specific portion or more than their share and further prayed for restraining the defendant-respondents from interfering in the peaceful possession of the plaintiff-appellant.

(3.) Defendant-respondent Nos. 1 and 2 filed a joint written statement and raised a primarily objection with regard to the maintainability, lack of locus standi and further that the plaintiff-appellant was barred by his own act and conduct from filing the suit. It was averred that the defendant-respondents No.1 and 2 were in exclusive possession of the suit property and had every right to deal or use the same.