CHARANJIT KAUR Vs. MUKHTAR SINGH

JUDGEMENT

(1.) Petition herein, under Article 227 of the Constitution of India is for setting aside the impugned judgment and decree dtd. 14/7/2016 (Annexure P-2) passed by the learned trial Court under Sec. 6 of the Specific Relief Act for possession of suit property and permanent injunction.

(2.) Learned counsel submits that the trial Court acted contrary to the material on record and erred in not appreciating the evidence which was led by the petitioner. He further submits that the trial Court wrongly dismissed the suit on the grounds of limitation by completely ignoring the fact that the petitioner had filed a suit No.1363/10 dtd. 28/7/2010, prior to the instant suit, against the respondent, wherein the trial Court had granted interim injunction. However, during the pendency of the aforementioned suit, the respondent took illegal possession of the suit property during the petitioner's absence. Thereafter, the petitioner immediately withdrew the aforesaid suit for permanent injunction and instituted the instant suit under Sec. 6 of the Specific Relief Act. He thus submits that in the above circumstances, it cannot be said that the suit in question, had been instituted beyond the period of six months.

(3.) I have heard learned counsel for the petitioner and perused the relevant material on record.