TRUCK UNION MUKERIAN Vs. LABH SINGH AND OTHERS

JUDGEMENT

(1.) Labh Singh-respondent No.1, herein, has filed civil suit against the petitioner and respondents Nos. 2 to 4, herein, before the trial Court for declaration to the effect that notice dated 08.06.2005 issued by respondent No.2, herein, for demolishing boundary wall XY and shop ABCD shown in the site plan in red colour is illegal, null, void and without jurisdiction with consequential relief of permanent injunction restraining the petitioner and respondents Nos. 2 to 4, herein, from demolishing the construction , constructed in khasra No. 132 min (1-19) and 132 min (1-18) situated at village Tikhowal, Tehsil Mukerian, Distt. Hoshiarpur except in due course of law.

(2.) As per the averments contained in the plaint, the suit land is owned by Punjab Wakf Board, as per jamabandi placed on the record. The Punjab Wakf Board is also recorded as owner of khasra No. 133 (4-0) and some trespassers and some lessees of Punjab Wakf Board have constructed their shops and houses on this khasr no. Similarly, the area measuring 1 kanal 6 marla 5S is in possession of 20 different persons out of khasra No. 132 min (2-13), wherein, those persons have constructed shops and other building and area of 12 marlas is under street. The petitioner, herein, got illegal entries made in the khasra girdawaries in its favour without actual possession in connivance with the revenue officials of entire khasra No. 132 min (2-13), which is not as per record. However, the respondent No.1 and his brother were in possession of land bearing khasra No. 132 and Punjab Wakf Board filed civil suit for recovery of possession against them, that was dismissed and the appeal filed against the judgment and decree of the trial Court was also dismissed.

(3.) The petitioner tried to take forcible possession and that necessitated the institution of the suit. The petitioner is defendant No.4 before the trial Court, who moved application for amendment of written statement for incorporating counter claim, therein, for recovery of possession of the suit land from the respondent No.1, herein. This application was opposed by the respondent No.1, herein, by filing written reply, thereto, that was dismissed vide order dated 26.09.2013 (Annexure P-7).