RAVINDER SINGH SAINI Vs. NANDA BALLABH BHATT

JUDGEMENT

(1.) The present appeal has been preferred by the plaintiff-appellant challenging the judgments and decrees dtd. 19/4/2017 and 14/11/2017 passed by the Trial Court and the First Appellate Court, respectively, dismissing his suit for permanent injunction.

(2.) The brief facts relevant to the present lis are that the plaintiff- appellant filed a suit for permanent injunction against the defendant- respondents averring that he is a co-sharer and in possession of the suit land and that the defendant-respondents have no concern, right or title over it. It was alleged that the defendant-respondents wanted to raise construction over the portion of the plaintiff-appellant though the suit land had not been partitioned till now and though the plaintiff-appellant had requested the defendant-respondents several times not to raise construction without any partition, but they did not pay heed to his requests. Hence, the suit. The defendant-respondents filed written statement raising preliminary objections regarding maintainability, cause of action, locus standi, estoppel, concealment of true facts, mis-joinder and non-joinder of necessary parties, limitation, proper court fees and jurisdiction. On merits it was submitted that the plaintiff- appellant is not a co-sharer in the suit land and has no concern with the same.

(3.) On the basis of pleadings of the parties the following issues were framed by the Trial Court :