GURMAIL SINGH Vs. AJIT SINGH AND OTHERS

JUDGEMENT

(1.) Respondent no.1, herein, filed Civil Suit No. 28 on 25.01.2013 before the Civil Judge (Junior Division), Phagwara against the petitioner and respondents nos. 2 and 3, herein, for permanent injunction seeking to restrain them and from prohibiting them forever from raising any sort of digging of earth from the suit land more fully described in the cause title of the plaint, that has been located in the revenue estate of village Pandwa, Tehsil Phagwara, District Kapurthala, as per jamabandi for the years 2006-2007.

(2.) Respondent no.1 claimed himself to be sole proprietor of M/s Ajit Singh and Sons BKO that has been running its brick klin at village Pandwa, Tehsil Phagwara and District Kapurthala. Respondents nos. 2 and 3 are the owners of the suit land more fully described in the cause title of the plaint, as also, in para no.2, thereof. They appointed their father Karam Singh as their attorney in order to deal with the suit land.

(3.) On 25.04.2008, respondents nos. 2 and 3 through their attorney gave the suit land to the respondent no.1, herein, for digging earth, therefrom, to the depth of 43/4 feet for four years at the rate of Rs. 5,00,000/- per acre, that was to start from June 2009 and received Rs. 10,00,000/- from the respondent no.1 on that day. The vacant possession of the suit land was given to the respondent no.1 by Karam Singh at the spot. It was agreed that if respondent no.1 could not dig the earth from the suit land, then the period of digging earth would be extended for one year more on the payment of rent for one year by the respondent no.1 to Karam Singh.