PARKASH CHAND SAHOTA Vs. JALANDHAR IMPROVEMENT TRUST

JUDGEMENT

(1.) INSTANT regular second appeal has been filed assailing the judgment and decree dated 11.08.1986 passed by the learned Additional District Judge, Jalandhar -whereby judgment and decree dated 24.12.1984 passed by learned Sub Judge, 1st Class, Jalandhar have been set aside and the suit of the appellant -plaintiff has been dismissed. The detailed facts are already recapitulated in the judgments of the Courts below and are not required to be reproduced. However, the brief facts relevant for disposal of this second appeal are that the house of the appellant -plaintiff was included by the respondent -defendant in a scheme framed by the defendant. There were several houses in the area. The respondent -defendant allegedly exempted the constructed houses from the said scheme vide letter dated 18.02.1977. It is the case of the appellant -plaintiff that the respondent -defendant with mala fide intention issued a wrong notice addressed to one K.K. Atri for demolishing the house of the appellant -plaintiff. This action of the respondent -defendant gave rise to cause of action to file the present civil suit. On notice, the respondent -respondent appeared and filed a written statement submitting that the plaintiff has no locus standi to file the suit; he was in unauthorized possession over the site in dispute; plaintiff is neither owner nor he has any interest or title whatsoever in the land. The house had been constructed unauthorizedly in an approved scheme area.

(2.) THE trial Court after perusal of the pleadings of the parties, framed the following issues: -

(3.) WHETHER the plaintiff is estopped from filing the present suit? OPD