UTTAM SINGH Vs. SULKHAN SINGH AND ORS.

JUDGEMENT

(1.) Plaintiff has filed the present appeal after having remained unsuccessful before both the Courts below. Plaintiff filed suit for permanent injunction restraining the defendants from interfering illegally and dispossessing the plaintiff forcibly from the suit land measuring 11 Kanal 18 Marlas comprised in Khewat No. 94, Khatoni No. 138, Rect. No. 9, Killa No. 14/2(3 -14), 16(0 -11) and 17(7 -13) situated in the revenue estate of village Kathiali, Tehsil&District Gurdaspur as per jamabandi for the year 1980 -81.

(2.) Plaintiff alleged that he is in cultivating possession of the land for the last many years. Defendants have no right, title and interest in the suit land but they are hard core persons and have threatened to dispossess the plaintiff forcibly from the suit land. Plaintiff further alleged that he has constructed a kotha and installed a tubewell on the suit land.

(3.) The suit was contested by the defendants on number of counts. Defendants alleged that the plaintiff has mis -used the process of law and has not come to the Court with clean hands. Earlier suit filed by the plaintiff for permanent injunction was dismissed as withdrawn on 14.09.1987. All the present defendants were impleaded in the suit land in which prayer for temporary injunction was finally declined by the trial Court. The plaintiff has conveniently concealed the filing of earlier suit in the present suit. Secondly on merits, defendants have denied the claim of the plaintiff on the ground that the land in question originally belonged to Mushtarka Malkan of the village numbering 59. Out of total 59 co -sharers, 45 co -sharers have already sold their shares in favour of Gurdwara Singh Sabha Kathiali, through Sulkhan Singh vide sale deed dated 04.08.1986. Defendants have no concern with the suit land. Gurdwara Singh Sabha became co -sharer in the suit land and as such suit against them was not maintainable. Defendant No. 1 being President of Gurdwara Singh Sabha has every right to protect the interest of Gurdwara Singh Sabha. Other defendants are the office bearers of the Gurdwara. In this way, it was claimed that the plaintiff has not come to the Court with clean hands and the injunction being an equitable relief can be denied to the plaintiff on this score.