SADHU SINGH Vs. SUBASH CHANDER & OTHERS

JUDGEMENT

(1.) Plaintiff Sadhu Singh having failed in both the courts below to secure temporary injunction, has invoked the jurisdiction of this Court under Article 227 of the Constitution of India by filing the instant revision petition to challenge only judgment dated 04.01.2012 Annexure P-16 passed by learned Additional District Judge, Gurdaspur. Plaintiff-petitioner alleged that he is in possession of the suit land measuring 8 kanals as tenant under defendants No. 2 and 3 (State of Punjab and Sub Divisional Officer) for 20 years as tenant and has been paying rent against receipts. The plaintiff also alleged that he paid 1/3rd Batai to defendant No. 1 a Junior Engineer for three crops i.e. Kharif 2006 and Rabi and Kharif 2007. According to plaintiff, the said Batai was received by defendant No. 1 on behalf of defendants No. 2 and 3. However, defendants threatened to dispossess the plaintiff from the suit land forcibly, necessitating the filing of suit by plaintiff for permanent injunction restraining the defendants from doing so. Plaintiff also claimed temporary injunction to the same effect during the pendency of the suit.

(2.) Defendants resisted the suit and the application for temporary injunction. The defendants pleaded that the suit land is given on rent by defendants No. 2 and 3 on yearly basis. The suit land was given on rent to plaintiff in the years 1986-87, 1987-88, 1991-92 and it was given to Ajit Singh since 1988-89 till 1990-91 and to plaintiff's son Karam Singh since 1992-93 till 1997-98. The suit land was given to Manjit Singh for 1989-99, to Manmohan Sharma, Junior Engineer for 2000-01 and to Prem Sagar, Junior Engineer in the year2001-02. It was also given to Gurdial Singh, Junior Engineer in the year 2003-04 and then to Subhash Chander, Junior Engineer defendant No. 1 for the years 2004-2008. The plaintiff paid rent only for the years 1992-93 till 1994-95 and then for 1996-97 and 1997-98.

(3.) Learned Civil Judge (Junior Division), Gurdaspur vide order dated 04.11.2008 Annexure P-14 dismissed the plaintiff's application for temporary injunction. Appeal against the said order preferred by the plaintiff has been dismissed by learned Additional District Judge, Gurdaspur vide judgment dated 04.01.2012 Annexure P-16, which is under challenge in this revision petition.