BHAN SINGH Vs. AMARJEET SHARMA

JUDGEMENT

(1.) This revision petition is directed against the order of the District Judge, Sangrur dated 4.8.1993 whereby the order of the trial court refusing to grant a temporary injunction was set aside and the defendant-petitioner was restrained from raising any construction.

(2.) Amarjeet Sharma respondent filed a suit for a permanent injunction seeking to restrain the defendant from demolishing any part of the shop and raising any new construction thereon. It is alleged that the plaintiff is the owner of the shop having purchased the same from the Rehabilitation Department. In order to prove this averments he has produced a sale certificate dated 30.10.1996. According to the plaintiff Nand Singh father of the defendant was a tenant under the Rehabilitation Department and after the purchase of the shop by the plaintiff he became a tenant under the plaintiff. It is further alleged that without any legal authority the defendant started demolishing a part of the shop in dispute and simultaneously raised some new construction thereon. Hence the present suit.

(3.) Bhan Singh defendant, on the other hand, alleged that his father Nand Singh was a tenant under the Rehabilitation Department and was paying rent during his life time. He had applied for the allotment of the said shop and after his death the same was purchased by his widow Smt. Gauran Devi for a sum of Rs. 27,051/- and a registered conveyance deed dated 15.12.1986 was executed by the department in favour of Smt. Gauran Devi. It is further alleged that Smt. Gauran Devi executed a will in favour of the petitioner-defendant and on her death the defendant became the owner of the suit property. It is also averred by the defendant-petitioner that he has got plans duly sanctioned from the Municipal Committee and on the basis of those plans he has demolished a part of the old structure and is raising new construction thereon and that the plaintiff has no right to restrain him. The registered conveyance deed executed by the department in favour of Smt. Gauran Devi and the will executed by her in favour of the defendant have been produced on the record.