PHOOL SINGH Vs. RAM RATTAN

JUDGEMENT

(1.) C. M. No. 6610-C of 2012:

(2.) Defendant no. 1 contested the suit and controverted the plaint averments. It was pleaded that plaintiff had taken the suit property on license from defendant no. 1. Defendant no. 2 was proceeded ex-parte.

(3.) Learned Civil Judge (Junior Division), Kaithal, vide judgment and decree dated 05.11.2009, instead of decreeing the suit for specific performance of the agreement, decreed the suit for recovery of the amount of Rs. 2,51,000/- and also decreed the suit for permanent injunction restraining the defendants from interfering in peaceful possession of the plaintiff over the suit property illegally and forcibly, but defendants were given liberty to take possession in due course of law. Plaintiff preferred first appeal, wherein defendant no. 1 filed cross-objections. Learned District Judge, Kaithal, vide judgment and decree dated 23.11.2011, dismissed the first appeal preferred by the plaintiff and allowed partly the cross-objections preferred by defendant no. 1 and partly set aside the judgment and decree of the trial court regarding refund of earnest money of Rs. 2,51,000/-, while maintaining the decree for permanent injunction. Feeling aggrieved, plaintiff has filed the instant second appeal.