INDER SINGH Vs. IMPROVEMENT TRUST, BATALA

JUDGEMENT

(1.) This is plaintiff's second appeal challenging the judgments and decrees of the Courts below whereby his suit for permanent injunction against the respondent-Improvement Trust restraining it from interfering in his peaceful possession over the suit property was dismissed.

(2.) As per the averments made in the suit, the appellant has claimed possession over the suit property since the year 1947 i.e. at the time of partition. It has been averred that after entering into possession, he has raised huge construction over the suit property and was running a workshop under the name and style of M/s Indira Mechanical Works, Jalandhar Road, Batala and now the defendant-respondent is threatening to demolish the construction alleging that the suit property has been acquired under the 'Leak Wala Tank Scheme' framed by the respondent-Trust, and thus, necessity arose to file the instant suit.

(3.) The defendant-respondent contested the suit raising various preliminary objections. On merits, it was submitted that the suit land was owned by the Punjab Government. The respondent-Trust framed a scheme namely 'Leak Wala Tank Scheme' in the year 1974. The land was transferred by the Government to the respondent-Trust for development of the said Scheme and award of the said Scheme was announced on 16.04.1977, and thereafter, the land, free from all encumbrances, has vested in the respondent-Trust and thus, the suit was liable to be dismissed.