ANIL KUMAR Vs. BHAGWAN DASS AND OTHERS

JUDGEMENT

(1.) Vide this common order SAO No.73 of 2016 titled Anil Kumar Vs. Bhagwan Dass and others and SAO No.74 of 2016 titled Anil Kumar Vs. Sheela Gupta and others are being disposed of. Since controversy is common in both the aforesaid cases, therefore, cumulative facts are being noticed.

(2.) Appellant has preferred these appeals against the order dated 05.04.2016 passed by the Additional District Judge, Ludhiana vide which the matter has been remanded back to the trial Court.

(3.) Brief facts are that the plaintiff/appellant filed a suit for permanent injunction restraining the defendants/respondents, their agents, employees, servants, assignees, attorney etc from interfering or dispossessing the plaintiff forcibly and illegally from the suit property. Plaintiff asserted that he had taken the house in dispute No.260-R, Model Town, Ludhiana measuring 490 sq. yards having definite configurations in the site plan on rent from one Rachhpal Singh about 30 years ago at a monthly rent of Rs.700/-. Said Rachhpal Singh never issued any receipt regarding rent. Plaintiff learnt that said Rachhpal Singh had expired and defendants started claiming ownership over the property in question on the basis of purchase from LRs of said Rachhpal Singh. On the basis of possessory right of the petitioner, suit for permanent injunction was filed.