DEVINDER KUMAR BIBRA Vs. ATMA SINGH

JUDGEMENT

(1.) Devinder Kumar filed a suit against Atma Singh, Messrs Gosain and Company and Bishan Singh, defendant Nos. 1 to 3, for a permanent injunction restraining the defendants from dispossessing him from a plot of land, measuring 1600 sq. yards, situate in Ludhiana. His case was that he had been in possession of this plot for the last 9 or 10 years and was carrying on a Coal Depot there. He had also constructed some buildings on it and for that he had paid composition fee to the Municipal Committee of Ludhiana. The said plots belonged to the Rehabilitation Department and had applied for its transfer to the District Rent and Managing Officer. That application had not been finally disposed of, but he was allowed to carry on his business on the said plot. The defendants had bought another plot, which was across the road, and under the cover of that sale, they were trying to dispossess him from the plot in question.

(2.) The suit was resisted by the defendants. Their case was that the plot belonged to Bishan Singh, defendant No. 3, and he had agreed to sell it to Atma Singh, defendant No. 1, through Gosain and Company, property dealers, defendant No. 2. According to them, the plaintiff, by adopting this method, wanted to put pressure on Bishan Singh to sell the said plot to him and not to Atma Singh.

(3.) On the pleadings of the parties, the following three issues were framed :-