RULDA SINGH Vs. DARBARA SINGH

JUDGEMENT

(1.) Rulda Singh plaintiff has directed this appeal against the judgment and decree dated 9.2.2010 passed by Shri Harbhajan Dass Additional District Judge, Patiala vide which the appeal preferred by him against the judgment and decree dated 17.9.2007 passed by Ms. Harpreet Kaur, Civil Judge (Junior Division), Nabha was dismissed.

(2.) Briefly stated plaintiff has filed the suit under Order 1 Rule 8 CPC in a representative capacity for permanent injunction restraining the defendant his agents, relatives from causing any type of construction in the construction of wall in shamilat land of Ramdasia community situated on the back side of the house of the defendant as fully detailed in the head note of the plaint. The parties to the suit are members of Ramdasia Community.

(3.) There are about 40/50 houses of Ramdasia Community outside Bouran Gate Nabha. The land measuring about 4 bighas 10 biswas is a shamlat land of Ramdasia Community situated outside Bouran Gate Nabha and is being commonly used by the community. It is further alleged that in July 1991, the defendant and some other persons tried to encroach the suit property, so the plaintiff along with Gurdev Singh filed a suit for permanent injunction in a representative capacity and the same was decreed on 10.1.1994 and after that defendant opened a door towards suit property and tried to encroach the same. The plaintiff along with Gurdev Singh filed a petition under Order 21 Rule 32 CPC and the same was dismissed on 20.1.98. After the dismissal of the petition the defendant opened an other door towards the suit property illegally and forcibly and threatening to encroach the shamlat land of Ramadasia community. Now the plaintiff has collected the material for raising wall on the eastern side of the aforesaid plot and on the backside of the house of the defendant and before the alleged doors opened by the defendant, but the defendant is obstructing to the construction of wall without any legal right or authority. Hence this suit.