LABH SINGH Vs. STATE OF PUNIAB AND OTHERS

JUDGEMENT

(1.) Plaintiff Labh Singh having non-suited by courts below has approached this Court by way of instant second appeal.

(2.) Case of the plaintiff-appellant is that he is in possession of the suit plot since the time of his forefathers. He had constructed boundary wall thereof. He also started raising other construction. He had spent about one lac rupees on building material and labour. Howev,er, defendant no. 2 Tehsildar objected to the construction being raised by the plaintiff. The construction already raised was demolished. Accordingly, the plaintiff sought permanent injunction restraining the defendants (State of Punjab and its Officers) from interfering in peaceful possession of the plaintiff over the suit plot and from raising any construction thereon. Plaintiff also sought mandatory injunction directing the defendants to reconstruct the boundary wall, two rooms, kitchen, verandah and bath room which stood constructed upto plinth level which were illegally and forcibly demolished by the defendants. Plaintiff also sought recovery of one lac rupees as liquidated damages.

(3.) Defendants resisted the suit by alleging that suit plot is part of khasra no. 1528 (16-15) belonging to Provincial Government i.e. State of. Punjab. Plaintiff started raising illegal construction in the suit plot to grab the same and the said construction was demolished by the defendants., Plaintiff is neither owner nor in possession of the suit plot. Various other pleas were also raised.