JASWANT SINGH Vs. MOHINDER KUMAR

JUDGEMENT

(1.) This is defendant's second appeal against whom suit for permanent injunction restraining him from interfering with the possession of the plaintiff over the vacant plot was dismissed by the Trial Court but was decreed in appeal.

(2.) Punjab Waqf Board, Ambala Cantt, is the owner of the site in dispute which was given to Mohinder Kumar plaintiff vide allotment order dated 12.4.1971, for the construction of temporary building, on a monthly rent of Rs. 5/- for a period of six months, starting from January 1, 1971. Mohinder Kumar plaintiff, claimed to be in possession of the said site. He got a plan sanctioned from the Municipal Committee, Ferozepur, for construction of store room etc. on the site in dispute. According to the plaintiff, defendants Jaswant Singh, an Assistant Sub Inspector of Police and Constable Shiv Charan Singh had no concern with the site in dispute. Since they wanted to make illegal construction on this site hence the present suit was filed on 2.7.1981. The suit was contested by Jaswant Singh defendant on the plea that the site in dispute was never allotted to the plaintiff. According to him, after a dispute arose between the parties, in order to make show of title, Mohinder Kumar plaintiff obtained an allotment order from the Wakf Board fictitiously, whereas the plot in dispute all along remained in possession of the said defendant. According to him, it formed part of property No. BI-IR-53A. Jaswant Singh defendant claimed to be tenant over the said property.

(3.) The Trial Court found that the plaintiff was not a lessee in respect of the plot in dispute as alleged by him in the plaint and the site plan filed by him is not correct. However, as regards the plea of the defendant Jaswant Singh, it was negatived and it was held that there was no evidence on file to show that the defendant was allotted the plot in dispute as claimed by him. Ultimately, the plaintiff's suit was dismissed. In appeal, the learned District Judge reversed the finding of the Trial Court and came to the conclusion that Mohinder Kumar plaintiff was allotted a plot measuring 20' x 51' situated towards the south of his house which is the site in dispute. The other finding of the Trial Court that the defendant has failed to establish that he is tenant of the disputed site or is in possession thereof was affirmed. Consequently, the plaintiff's suit was decreed.