DHARAM SINGH Vs. RANJIT

JUDGEMENT

(1.) The plaintiff (present respondent) Ranjit instituted against the defendant Dharam Singh (now appellant) a suit seeking decree for permanent injunction restraining the defendant from interfering in possession of the plaintiff in the property detailed in the head note/site plan annexed with the plaint. The claim is based on the averments that the disputed property bearing khasra No. 1140 measuring 500 square yards has been purchased by the plaintiff through sale deed dated 06.02.1979 from its original owner i.e. the defendant over which the plaintiff has constructed shops etc. and installed a hand pump. The plaintiff further claims that he has constructed a Chuna Bhatti and therefore claiming to be the exclusive owner in possession, threatened over the acts of the forcible occupation by the defendant and ouster of the plaintiff, present suit was filed.

(2.) The claim of the defendant in his stand besides that of maintainability and locus standi of the plaintiff is that the plaintiff with an ulterior motive under the guise of this suit is bent upon grabbing the property of the defendant. The defendant claims that out of khasra No. 1140, the plaintiff has purchased land measuring 1 Bigha 1 Biswas through the claimed sale deed and claims that it was an unauthorized construction by the plaintiff in the area of the property belonging to the defendant after malafidely securing ad-interim injunction. The trial Court framed following issues:-

(3.) The plaintiff examined Mool Chand Draftsman as PW1, himself as PW2 and Sant Lal as PW3 who happens to be the attesting witness of the sale deed Ex.P2.