SATISH KUMAR Vs. SATNAM SINGH

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree dated 02.05.2012 passed by learned Civil Judge (Junior Division), Fazilka whereby the suit for permanent injunction filed by the appellants/plaintiffs, has been dismissed as well as against the judgment and decree dated 10.09.2013 passed by learned Additional District Judge, Fazilka, whereby the appeal preferred by the appellant/defendant has also been dismissed.

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

(3.) UPON notice defendants appeared and filed written statement inter alia taking preliminary objections that the suit is not maintainable, plaintiff has come to Court with unclean hands, plaintiff has no cause of action and locus standi to file the suit etc. On merit, it was averred that the plaintiffs had purchased 26 kanals 04 marlas i.e. 464/2609 share. The plaintiffs had not purchased the specific khasra numbers, rather they purchased the land as share. The plaintiffs had promised to re -pay the loan to the bank on the said land which still has not been re -paid by them nor they have paid balance sale consideration to defendant No.3. There is no delivery of possession of any specific khasra of the land.