PAHALWAN CHAND Vs. HANS RAJ AND ORS.

JUDGEMENT

(1.) Appellant-plaintiff having failed in two rounds of litigation has filed present regular second appeal.

(2.) A suit for permanent injunction was instituted by the Appellant-plaintiff praying that the Defendants be restrained from forcibly and illegally interfering in any manner whatsoever into the land of the Plaintiff i.e. 1/4th share of the land measuring 51 Kanals 4 Marlas, detail and description whereof has been given in the plaint. It was further prayed that the Defendants should not disturb the electricity connection of the tube well bearing No. S-4/102-AP installed in Square No. 33 Killa No. 22 situated in village Mangala, Tehsil and District Sirsa. He had also prayed that the Defendants should not interfere into the smooth operation of the tube well in any manner.

(3.) In the suit so filed, it was pleaded that the Plaintiff was owner in possession of 1/4th share of land measuring 51 Kanals 4 Marlas, detail and description whereof has been given in the plaint. Furthermore, he was owner in possession of 1/2 share of tube well installed in Square No. 33 Killa No. 22 situated in village Mangala, Tehsil and District Sirsa. It was stated in the suit that previously Hans Raj-defendant No. 1 had instituted a suit for permanent injunction against the present Appellant-plaintiff on the ground that he was a lessee over the share of Sher Chand, father of Defendants No. 4 and 5. According to the Plaintiff, Dr. Abdul Majid, the then Civil Judge, Sirsa vide his order dated 30th September, 1998 had directed both the parties to maintain status-quo regarding possession and use of the land and tube well till final decision of the suit. The appeal filed against that order was dismissed and so was the revision filed in this Court.