HARBHAJAN KAUR Vs. JASWANT SINGH

JUDGEMENT

(1.) HEARD . Smt. Harbhajan Kaur had filed a suit for permanent injunction against Shri Jaswant Singh for restraining him and his servants etc. from interfering in her peaceful possession of plot measuring 100 sq. yds. (20' x 50') forming part of House No. 109 situated in Street No. 4, Partap Nagar, Patiala, as detailed in the heading of the plaint on the allegations that she had been in peaceful possession of it for the last 13/14 years and the Respondent had no right, title or concern with it and he wanted to take its forcible possession to which he is not legally entitled.

(2.) THE respondent filed the written statement in which he denied the allegations of the revisionist (plaintiff) and stated that she has no concern with the plot in dispute and on the other hand he has purchased land measuring 237.5 sq. yds. (including the plot in dispute) vide sale deed dated 18.9.1968 from Gurnam Singh and the mutation was also sanctioned in his favour and since then he was in peaceful and continuous possession of the plot in dispute. He even constructed a boundary wall on two sides and installed a gate on the main road. He also stated that the revisionist wanted to take its forcible possession by demolishing a part of the wall and his son had lodged a report to this effect with Police Station Sadar, Patiala on 22.6.1997.

(3.) AFTER hearing learned counsel for the parties, the trial Court vide order dated 16.5.2000 dismissed the application for amendment.