KARAMJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER filed a suit for permanent injunction. In that suit, he also moved an application for interim injunction, which was dismissed. He also failed in appeal. It has been noticed by the Courts below that earlier also, he filed a suit for injunction, which was dismissed as withdrawn, without any liberty to file a fresh one. Without disclosing that fact, he filed the present suit. It has also come on record that in Jamabandi, nature of land has been shown as Gair Mumkin Kabristan. Merely because, entries regarding some subsequent khsra girdawaris have been changed, in the name of the petitioner, it does not mean that the land ceased to be a Kabristan. In view of conduct of the petitioner, in not disclosing, filing and withdrawal of earlier suit, in his plaint, this Court feels that he has disentitled himself to get any relief. In view of this, reliance of counsel for the petitioner, on ratio of judgments in Punjab Wakf Board, Ambala Cantt. v. Chhotta Singh and ors., 1993(2) Recent Revenue Reports 265 and Rame Gowda (D) by Lrs. v. Mr.Varadappa Naidu (D) by Lrs. and anr., 2004 (1) S.C.C. 769, is of no help to him. Dismissed.