LAWS(P&H)-2017-5-142

SURINDER SINGH Vs. KINDA

Decided On May 09, 2017
SURINDER SINGH Appellant
V/S
Kinda Respondents

JUDGEMENT

(1.) The present Regular Second Appeal has been filed by plaintiff/appellant-Surinder Singh after loosing his case before two Courts below.

(2.) Briefly, the facts of the case are that the plaintiff-appellant filed a suit for permanent injunction restraining the defendant-respondent from encroaching upon the property, in dispute. As per pleadings in the plaint, the plaintiff purchased the suit property measuring 9 marlas 8 sarsahis vide sale deed dated 27.05.1967 with specific boundaries. It was also mentioned in the plaint that the street shown in the site plan was meant for the purpose of ingress and egress of the plaintiff to the suit property which was being used since 1967, however, there was threat of encroachment upon the land, in dispute and obstruction from the hands of defendant. Said suit was dismissed vide judgment and decree dated 24.09.2013.

(3.) Aggrieved by aforesaid judgment and decree, the appeal was filed by the plaintiff-appellant but the same was also dismissed vide judgment dated 12.11.2014 by Additional District and Sessions Judge, SBS Nagar.