TARANDEEP SINGH Vs. SUBASH CHANDER

JUDGEMENT

(1.) Petitioner has challenged order dated 10.12.2014 passed by Civil Judge (Junior Division), Ludhiana vide which application under Order 7, Rule 11 Code of Civil Procedure filed by defendant-respondent was allowed and the plaintiff-petitioner was directed to pay ad valorem court fee as per market value of the suit property.

(2.) Plaintiff-petitioner filed a civil suit for permanent injunction, seeking to restrain the defendant, his associates, agents, servants, attorneys etc. from interfering in his possession in the suit plot. Plaintiff claimed ownership of the plot on the basis of sale deed dated 09.06.2006 having purchased the same from Gurdial Singh, Jora Singh and Nirbhay Singh for a sale consideration of Rs. 4,98,000.00. Mutation was also sanctioned in favour of the plaintiff pursuant to aforesaid sale deed. Feeling positive apprehension of his dispossession at the instance of the defendant, he filed a suit for permanent injunction.

(3.) During pendency of the suit, defendant forcibly took over possession of the suit plot and raised some construction thereon. Plaintiff-petitioner amended the suit and also claimed relief of mandatory injunction directing the respondent to restore the possession of the petitioner over the suit property.