ISHAR KAUR Vs. AMRIK SINGH AND OTHERS

JUDGEMENT

(1.) Plaintiff has directed the regular second appeal against the judgment and decree dated 21.02.2012 passed by Shri H.P.S.Mahal, District Judge, Mansa vide which the appeal preferred by the defendant against the judgment and decree dated 20.08.2011 passed by Shri Deepak Kumar Choudhary, Additional Civil Judge (Senior Division), Budhlada was accepted after setting aside the judgment and decree dated 20.08.2011 and the suit of the plaintiff for permanent injunction was dismissed.

(2.) Briefly stated the plaintiff filed suit for permanent injunction restraining the defendants from having peaceful possession of the plaintiff. It is alleged that suit land is located within the lallakeer and is being used by her for storing roories, cow dunk cakes, tethering her cattle and she had also planted 3-4 kikkar trees. The defendants have no concern with the suit property and they are threatening to forcibly dispossess the plaintiff for which they have no legal right. Hence the suit for injunction.

(3.) The suit was contested by the defendants and defendant No.1 filed written statement and took up legal objections that the plaintiff has not come to the Court with clean hands in as much as the defendant No.1 is owner in possession of the suit property, over which he had stored roories and tethers his buffaloes there ; suit is not maintainable in the present form; plaintiff having no right to file the present suit and the same is liable to be dismissed.