MUNSHI LAL Vs. RAJIV VAIDYA

JUDGEMENT

(1.) The defendant Munshi Lal has assailed judgement dated 16.10.2012 in Civil Misc. Appeal No. 6/12 passed by learned District Judge, Kullu modifying order dated 3.4.2012 passed by learned Civil Judge (Senior Division), Kullu in CMA No. 298-IV of 2011 on the application of respondent under order 39 Rules 1 and 2 CPC.

(2.) The facts in brief are that respondent has filed a suit for permanent prohibitory injunction against petitioner restraining him from raising construction over land measuring 13-14-02 bighas comprised in khasra No. 882/2 situate at Phati Bajaura, Kothi Bajaura, except land measuring 0-09-18 bighas comprised in khasra No. 882/1 (for short, suit land) with the allegations that suit land is jointly recorded in the ownership and possession of co-sharers. The respondent is one of the co-sharers and he has raised an apple orchard over a part of the suit land. The orchard of the respondent abuts NH-21 as well as khasra No. 780.

(3.) As per allegations in the plaint, the petitioner has acquired 4260/80656 share measuring 0-14-09 bighas from Sandip Kumar and Kunti Devi vide mutation No. 4722 of sale. The petitioner has started interfering in possession of the respondent over the orchard forming part of the suit land by illegally trespassing into it. The respondent started 145 Crimial P.C. proceedings against the petitioner in which petitioner had taken a false plea that he acted only as GPA of Painu Ram and sold the share of Painu Ram to Sandip Kumar. He has nothing to do with the suit land. Sandip Kumar was not the real owner, he was acting as Benamidar of the petitioner, who has acquired the entire share of Sandip Kumar. Sec. 145 Cr.PC. case was illegally dismissed on 16.11.2011 by Sub Divisional Magistrate, Kullu on the ground that petitioner had no interest in the suit land and he had acted only as GPA of Painu Ram.