VIJAY KUMAR Vs. SANJEEV KUMAR

JUDGEMENT

(1.) The present appeal has been directed against concurrent findings recorded by the Courts below whereby the suit filed by the appellant/plaintiff was dismissed by the trial Court and the findings recorded by the trial Court have been affirmed in appeal.

(2.) The appellant filed a suit for injunction restraining the respondent/defendant from taking forcible possession, interfering into peaceful possession, making an encroachment in respect of two rooms at the first floor and store room, Varandah and terrace on the second floor measuring 2 marlas, 114 square feet (30' X 16'), portion of the property bearing No. 77-78/1, situated at Mohalla No. 11, Jalandhar Cantt. The claim of the appellant is that he is owner of the suit house by way of purchase from Smt. Shanti Devi widow of late Sh. Nand Lal vide sale deed dated 11.08.1999. The respondent is his nephew and he was given one room, kitchen, toilet and bath as a licencee at Rs. 2000/- per month w.e.f. 01.01.2004 and he tried to encroach upon the remaining portion of the suit house which is under lock and key of the appellant.

(3.) The respondent filed the written statement, contested claim of the appellant with the plea that the appellant has gained unlawful possession over the suit house by way of deceitful means after filing the suit and he has no locus standi to seek injunctive relief against him as he is one of the co-owners of the suit house on the basis of Will dated 03.03.2001 executed by Smt. Shanti Devi in her sound disposing mind. He has further denied that he was given one room, kitchen, toilet and bath on licence at Rs. 2000/- per month. The suit house never remained under lock and key of the appellant and the whole house is in possession of the answering respondent. He never tried to take forcible possession of the suit property as the same is in his possession.