SUKHDEV SINGH Vs. BALDEV SINGH

JUDGEMENT

(1.) This regular second appeal preferred by appellant-plaintiff is directed against the judgment and decree dated 31.03.2011 whereby suit for permanent injunction filed by appellant-plaintiff has been dismissed, however, counter-claim of the defendants has been allowed and against the judgment and decree dated 16.08.2013 passed by learned Additional District Judge, Hoshiarpur whereby appeal preferred by appellant plaintiff has also been dismissed. For convenience sake, reference to parties is being made as per their status in the suit.

(2.) The detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. However, the brief facts are to the effect that plaintiff filed suit for permanent injunction restraining the defendants from interfering in any manner and raising obstruction in the construction of the house of the plaintiff, as detailed in the head-note of plaint. It was pleaded that the plaintiff had purchased the suit land from Krishan Kumar son of Guran Ditta through valid registered sale deed dated 20.12.2001. Said Krishan Kumar was exclusive owner in possession of the suit land and he had surrendered the possession of the suit land in favour of the plaintiff and mutation with regard to suit land was also sanctioned in favour of the plaintiff. After the purchase of suit land, the plaintiff had filled up foundations of his residential house upto the plinth level. On the other hand, the defendants have no right, title or interest in the suit land. They were allegedly bent upon to interfere into the possession of the plaintiff over the suit land and also bent upon to raise obstruction in the construction of the plaintiffs house. Hence, suit was filed.

(3.) Defendants resisted the suit and filed written statement taking various preliminary objections. On merits, it was pleaded that the plaintiff had purchased 5 marlas of land from Krishan Kumar. However, in the absence of the defendant, the plaintiff encroached upon area belonging to the defendants to the extent of 1 marlas 2= sarsais. The plaintiff had purchased 5 marlas of land but raised construction over 6 marlas 2= sarsais. Apart from it, in the adjoining land comprised in khasra No. 273, there was red line of the village which was owned and possessed by the plaintiff, but the plaintiff had encroached upon the land of the defendants to the extent of 1 marla 2 = sarsais. On the other hand, defendant-Baldev Singh had purchased land comprised in khasra No. 273 from Parkash Singh through registered sale deed. The measurement of khasra No. 273 which was purchased by the plaintiff was 6 x 8 karams. The defendants had never interfered in the construction of the house of the plaintiff in any manner to the extent of 5 marlas of land. Similarly, the defendants were also ready to make statement that they would not interfere in the land of the plaintiff measuring 5 marlas comprised in khasra No. 273, owned and possessed by the plaintiff.