DES RAJ SHASTRI (DECEASED) PRESIDENT Vs. SADHU RAM

JUDGEMENT

(1.) e defendant-appellants (hereinafter the defendants) have come up in Regular Second Appeal against the judgment and decree of the first Appellate Court reversing on appeal those of the trial Judge and decreeing he suit of the plaintiff-respondent for permanent injunction restraining the defendants from demolishing the walls of the shop or in any way interfering with the peaceful possession of the plaintiff over the shop owned and possessed by him shown in the site plan as ABCDEFG situated in the main bazar, Dera Bassi, District Patiala.

(2.) Sadhu Ram (hereinafter the plaintiff) purchased the disputed property from Surinder Kumar vide sale deed dated April 21, 1967. Prior to the sale, he was a tenant under Surinder Kumar and after purchase as a owner. Defendant No. 4 Dharam Pal, previously Secretary, Arya Samaj and Ishwar Chand Gupta previously Headmaster of D.A.V. High School, Dera Bassi filed a suit for possession of the disputed shop against the plaintiff. The suit was dismissed by the Subordinate Judge, Rajpura on July 31, 1969. The judgment of the Subordinate Judge was affirmed in appeal by the learned Additional District Judge, Patiala vide judgment and decree dated November 12, 1970. The plaintiff entertained a threat from the defendants necessitating the filing of the suit.

(3.) The defendants denied the title and possession of the plaintiff. They also denied that Surinder Kumar was the owner of the disputed shop. The shop was alleged to be a part of Dharamshala. The effect of earlier litigation was that the defendants did not succeed over the suit property.