GURMUKH SINGH Vs. BALKAR SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree, dated 05.10.04 rendered by the Court of District Judge, Amritsar, which it accepted the appeal, against the judgment and decree dated 29.10.02, rendered by the Court of Additional Civil Judge (Senior Division), Baba Bakala, and decreed the suit of the plaintiff.

(2.) THE facts, in brief, are that, Gurmukh Singh, defendant/appellant, was the owner in possession of the shop, in dispute, in which Balkar Singh Plaintiff/respondent, was inducted as a tenant and was running the business of ready-made garments and general merchants, at a monthly rental of Rs. 200/- w.e.f. 26.9.93. It was stated that the defendant being an influential person in violation of the injunction order dated 9.3.2000 took forcible possession of the shop in dispute, dispossessed the plaintiff, therefrom, and took away the articles worth Rs. 60000/- laying therein. The defendant was many a time asked to desist from his nefarious designs but to no avail. Ultimately, a suit for permanent injunction and possession under Section 6 of the Specific Relief Act, 1963, was filed.

(3.) ON the pleadings of the parties the following issues were struck :-