BKHSHISH SINGH Vs. MANOHAR LAL

JUDGEMENT

(1.) The present Regular Second Appeal (here-in-after referred to as "RSA") has been instituted assailing the concurrent findings recorded by the Courts below, whereby the judgment and decree dtd. 24/8/2016 passed by the learned Civil Judge were affirmed by the learned District Judge, Hoshiarpur, vide judgment and decree dtd. 19/11/2020.

(2.) Briefly stated, the respondent/plaintiff instituted a suit for permanent injunction seeking to restrain the appellant/defendant from interfering with the suit land and from discharging rainwater thereupon. It was pleaded that the suit land had fallen to the share of the respondent/plaintiff in a partition and was owned and possessed by him. The appellant/defendant, with the alleged intention of causing damage, sought to channel rainwater towards the plaintiff's land and to encroach upon the same, necessitating the institution of the suit.

(3.) The appellant/defendant contested the suit by filing a written statement denying the material averments of the plaint. It was pleaded that the mutation of partition had been sanctioned behind his back. It was further alleged that the respondent/plaintiff had concealed the fact that the father of the plaintiffs and others had donated the entire property to a Satsang Ghar, which is being managed by the appellant/defendant. According to the appellant/defendant, it is the respondent/plaintiff who is attempting to encroach upon the passage leading to the said Satsang Ghar.4. The respondent/plaintiff filed a replication, wherein the assertions and objections raised in the written statement were specifically denied, and the averments contained in the plaint were reiterated and reaffirmed. Upon a careful and comprehensive examination of the pleadings and the rival contentions advanced by the parties, the learned trial Court crystallized the matters in controversy and, for the purpose of proper and effective adjudication, framed the following issues for determination:-