PIARA LAL MEHNDIRATTA Vs. OM PARKASH

JUDGEMENT

(1.) SUIT filed by the Plaintiff/Appellant for recovery of Rs. 4 lakh alongwith interest and costs, was dismissed by Civil Judge (Junior Division), Jalandhar on 21.9.2006. Even the first appeal filed by him was dismissed by Additional District Judge, Jalandhar on 6.11.2008. He is now before this Court by way of second appeal.

(2.) THE Plaintiff claimed to be a respectable person and retired as Inspector from Municipal Corporation, Jalandhar. He had a dispute with the Defendant regarding stair case of property No. EE -328, Mohalla Panj Peer, Jalandhar. The Defendant had been harassing him and causing mental, financial and physical harm by filing various cases against him since 1980 and losing all of them. Despite the same, he had been filing the appeals and revisions, but remained unsuccessful in all of them. Once of the suit was withdrawn by him after five years of its filing. The Plaintiff had engaged lawyers, paid fee to them, filed written statements and replies, besides adducing evidence. In the process, he had been made to spend huge amount. All the cases had been filed by the Defendant intentionally, maliciously and malafidely, knowing the same to be false. Though he was entitled to much more amount, yet due to the fact that he was unable to pay the heavy Court fee, the Plaintiff confined his claim to Rs. 4 lakh for being awarded to him as damages against the Defendant.

(3.) IN one of the suit bearing No. 76/92 filed by the Defendant against the Plaintiff for partition of his share in the stair case or auction thereof, the applications moved by both the parties for purchase of other's share were dismissed. The Defendant then filed Civil Revision No. 1686 of 1997 in this Court, wherein a compromise was arrived at, whereunder the Defendant was to deposit Rs. 1 lakh, followed by the Plaintiff executing the sale deed in respect of the stair case in favour of the Defendant. The said amount of Rs. 1 lakh was deposited by the Defendant and consequently, the sale deed was executed by the Plaintiff. It, thus, shows that there was a genuine dispute between the parties relating to the stair case. As the Plaintiff after receiving the amount of Rs. 1 lakh executed the sale deed in favour of the Defendant, he cannot now turn around to claim any damages on account of the various litigations initiated by the Defendant against him. Moreover, while deciding various suits, concerned Courts had not imposed any costs or fine upon the Defendant.