JOGINDER SINGH Vs. SURJIT KAUR

JUDGEMENT

(1.) Present Second Appeal has been filed by the plaintiff against the concurrent judgments and decrees of the learned Courts below, whereby suit filed by the appellant for mandatory injunction, has been dismissed by both the Courts below.

(2.) The pleaded case of the plaintiff is that the plaintiff had permitted defendants No.1 to 8 and their family members to look after and use the suit land as licensee. Plaintiff had permitted the said defendants to stay in the suit property as licensee on the condition that they would vacate the same as and when required by the plaintiff. The said defendants had accordingly continued to use the suit land without payment of any license fee. Plaintiff revoked the land license in February 1995 and asked defendants to vacate the same. However, the defendants had refused to do the needful. Hence, the present suit was filed on 31/5/1995

(3.) Vide judgment and decree dtd. 8/11/2007, learned Civil Judge (Junior Division), Ludhiana had dismissed the suit of the plaintiff with costs. The appeal filed by the plaintiff was dismissed by the learned Additional District Judge, Ludhiana vide judgment and decree dtd. 29/3/2010 with costs. Hence, present Second Appeal by the plaintiff.