BALBIR KAUR Vs. HARJINDER SINGH

JUDGEMENT

(1.) THIS order shall dispose of RSA Nos. 3269 of 2003, 3270 of 2003 and 3276 of 2003 in respect of same property i.e. house No. 369/8, Central Town, Jalandhar.

(2.) RSA No. 3269 of 2003 arises out of suit for mandatory injunction filed by the respondents claiming possession from the appellant as a licencee; RSA No. 3270 of 2003 arises out of suit for permanent injunction filed by the respondents herein, restraining the defendant-appellants from forcibly and illegally occupying the portion shown red in the site plan; and RSA No. 3276 of 2003 arises out of a suit filed by the appellant for declaration that he is in possession of double storey House No. 369/8, Central Town, Jalandhar as a owner. This suit for declaration filed by the appellant is earliest in point of time, therefore, the facts are taken from the said suit.

(3.) THE plaintiff thereafter carried out renovation from time to time as well. The plaintiff asserts that he has let out the portion of property from time to time and portion shown in green colour was let out to defendant No. 2 in the year 1990. The plaintiff asserts himself to be in adverse possession to the knowledge of defendant No. 3 openly, peaceful and continuously for the period of more than 12 years and, thus, claimed ownership over the suit property.