THE MANAGING COMMITTEE, LYALLPUR KHALSA SENIOR SECONDARY SCHOOL Vs. BAIJ NATH YADAV (SINCE DECEASED) AND ORS.

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgments and decrees dated 29.5.2002 and 26.8.2003 passed respectively by the Civil Judge (Junior Division), Jalandhar (hereinafter described as 'the trial Court') and the Additional District Judge, Jalandhar (referred to hereinafter as 'the First Appellate Court') whereby the suit and the appeal of the plaintiff -appellant were dismissed.

(2.) THE appellant had filed a suit for mandatory injunction against the defendants -respondents directing them to hand over the possession of the property comprised in khasra Nos. 3107, 3108 and 3109 situated within the premises of Lyallpur Khalsa Senior Secondary School, Nakodar Road, Jalandhar City, fully detailed in the head note of the plaint (hereinafter called as 'the suit property').

(3.) UPON notice, the respondents appeared and filed their written statement contesting the suit. They took preliminary objections regarding maintainability, limitation, locus standi, non -joinder and mis -joinder of parties and valuation. It was also submitted that the instant suit was liable to be stayed under Section 10 of the C.P.C. as another suit filed by the School against the respondents was already pending regarding the same subject matter .