JASKARAN SINGH Vs. GURDEV SINGH

JUDGEMENT

(1.) The defendant is in second appeal against the concurrent judgments and decree passed by the learned Courts below whereby the suit for permanent injunction filed by the respondent/plaintiff has been decreed.

(2.) The respondent/plaintiff had filed a suit for permanent injunction restraining the defendant from installing/opening gate towards the private street of the plaintiff which leads to the house of the plaintiff shown in the site plan as ABCD and in Pink Colour under Khasra No.563/1, Khata No.753/1142 area of village Channu, Tehsil Malout, District Sri Muktsar Sahib, vide copy of Jamabandi for the year 2014-15, illegally and forcibly without once for all. The said suit was decreed vide judgment and decree dtd. 20/2/2018 passed by the learned Civil Judge (Junior Division), Malout; which was duly affirmed by the learned first Appellate Court/District Judge, Sri Muktsar Sahib vide judgment and decree dtd. 12/4/2019 passed in CA No.34 of 2/4/2018 filed by the appellant/defendant.

(3.) Learned counsel for the appellant inter alia submits that in passing the impugned judgments, the learned Courts below failed to appreciate that the revenue record is contrary to the pleadings made in the suit regarding the identification of the property. It is submitted that the plaintiff/respondent had filed the suit regarding property vested in Khasra No.563/1 whereas the revenue record placed on record by the plaintiff shows the same is situated in different Khasra No.563/3.