DEV RAJ Vs. MOHINDER SINGH

JUDGEMENT

(1.) THIS appeal is directed against judgments and decrees dated 1st April, 2002 and 22nd November, 2004 passed respectively by the Civil Judge (Junior Division), Dasuya (hereinafter described as 'the trial Court') and the Additional District Judge (Adhoc), Fast Track Court, Hoshiarpur (referred to hereinafter as 'the First Appellate Court') whereby the suit and the appeal of the Plaintiff -Appellant have been dismissed.

(2.) THE Appellant filed a suit primarily for grant of permanent injunction against the Defendants -Respondents for restraining them from raising construction or making any encroachment on the land measuring 2 marlas situated in village Behbowal, Hadbast No. 224 and comprised in Khewat No. 437. In the alternative, he prayed that a decree for possession after removal of the super structure of any kind may be passed.

(3.) THE Respondents filed written statement and a counter -claim and averred that the Appellant himself had surrendered possession of khasra No. 189 in their favour in lieu of the passage which was comprised in khasra No. 183/1 and this passage is the only ingress and egress to the village Phirani for their land comprised in khasra Nos. 189, 190 and 191. It was pleaded that the Appellant had raised construction over this passage and has blocked the same in the year 1995 which led to a dispute and the matter was settled before the police of Police Station, Hajipur where a compromise was effected in writing on 7th January, 1995. According to this compromise, the Appellant had given the land comprised in khasra No. 189 to them in lieu of the land which is comprised in khasra No. 183/1 and the Respondents thereafter raised boundary wall around khasra Nos. 189, 190 and 191. It was further pleaded that the Appellant is estopped by his own conduct to file the suit and he had no right, title or claim over khasra No. 189.