BALWINDER SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The present appeal has been preferred by appellant-plaintiff against the judgment and decree dated 21.11.2011 passed by learned Additional District Judge (Adhoc) Fast Track Court, Amritsar, vide which the appeal filed by him against the judgment and decree dated 22.07.2008 passed by the learned Civil Judge (Jr. Division), Amritsar has been dismissed.

(2.) For the sake of convenience, the status of the parties is being mentioned as in the original suit.

(3.) Plaintiff-Appellant has filed the suit for declaration that the contract date 18.04.2002 granted by the respondents-defendants for carrying out the mining operation (Excavating sand) out of the area of villages Chaharpur, Bhagupur Bet, Daryamusa, Malikpur, Chak Fateh Khan, Bhindi Saida, Ponga, Mudferpur and Bhindi Aulakh Khurd has become impossible and impracticable due to illegal mining being carried out by mafia and is hit by Doctrine of frustration. As such, the defendants-respondents are not entitled to recover Rs. 27 lacs with interest from the plaintiff. The plaintiff-appellant has also sought the relief of mandatory injunction directing the defendants to return the amount of Rs. 23,05,000/- deposited by him with the defendants. In the consequential relief, the decree for permanent injunction has also been sought restraining the defendants from recovering the amount of Rs. 27 lacs on the basis of letter dated 06.08.2003.