RENU BALA Vs. KAHLA SINGH

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree dated 11.04.1986 passed by learned Additional District Judge, Ludhiana whereby the appeal filed against the judgment and decree dated 22.11.1984 passed by the learned Sub Judge, III Class, Ludhiana was accepted and judgment and decree of trial Court were set aside.

(2.) For convenience sake, hereinafter, reference to the parties is being made as per their status in the civil suit.

(3.) The detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. In brief, the facts relevant for disposal of this second appeal are to the effect that plaintiff Renu Bala had filed suit seeking decree for permanent injunction restraining the defendants from taking forcible and illegal possession of plot measuring 80 sq. yards detailed in the head note of the plaint and as shown in the site plan attached with the plaint. The plaintiff also sought relief that the defendants be restrained from dis-possessing the plaintiff from the plot in question. Most of the facts are not disputed in any way that one Harbans Singh was the owner of the property. As per plaintiff, said Harbans Singh had sold one plot measuring 40'x18' to Tarsem Singh and Surjit Singh sons of Gurbachan Singh. Tarsem Singh and Surjit Singh sold the plot in question to one Krishna Rani wife of Hari Ram. The said Smt. Krishna Rani sold the plot to the present plaintiff vide sale deed dated 05.07.1982. Thereafter, the plaintiff filled up the foundations and raised construction upto the plinth level. The plot in question was adjacent to the property of the defendants and the defendants by taking undue advantage of their police service, while coming to know that the said plot was purchased by the plaintiff, threatened the plaintiff that the plot be sold to them at the same rate, otherwise the defendants shall interfere in the possession of the plaintiff and would dispossess the plaintiff. On that basis, the suit for permanent injunction was filed by the plaintiff.