SANTOKH SINGH Vs. MANOHAR SINGH AND OTHERS

JUDGEMENT

(1.) The present appeal has been filed by the plaintiff, who is aggrieved against the dismissal of his suit for declaration and permanent injunction pertaining to a plot measuring 40' X 80' in village Khadoor Sahib.

(2.) The plaintiff alleges that the said plot was occupied by him in the year 1960 and he has raised construction on the same and the boundaries were specified in the site plan attached with the plaint and a sum of Rs. 10 lac was spent on construction on the same and he has been running a tuition college and has let out the same to Secular Coaching Academy School, Khadoor Sahib and to Mata Khiwi Public School on a monthly rent of Rs. 100 and also for various government offices. The case of the plaintiff is that his possession since 1960 is open and hostile w.e.f. 02.02.1960 and is to the knowledge of the whole village, general public and defendants no. 1 to 3.

(3.) In the written statement filed by defendants no. 1 and 2, various objections were taken regarding the maintainability of the suit, plaintiff not coming with clean hands and the suit being barred by law in view of the earlier suit being dismissed on 16.09.2003 relating to the same property.