AMARJIT SINGH Vs. TARA CHAND AND ORS.

JUDGEMENT

(1.) AGGRIEVED by an order passed on 29.6.2013 by learned Additional District Judge, Mandi, in Civil Misc. Appeal No. 1 of 2013, the petitioner, plaintiff in the trial Court, has preferred this petition for quashing the same.

(2.) THE facts not in dispute, as disclosed from the record, are that the plaintiff and the 2nd respondent, hereinafter referred to as "defendant No. 2", are real brothers. Land in dispute, with one residential house, constructed over a portion thereof, i.e. Khasra Nos. 701, 703 and 705, came to them and their 3rd brother Gurjit Singh, from their father Balbir Singh and mother Parkash Kaur. The plaintiff claims the land and house to be in joint ownership and possession. No doubt he admits the sale of the land and the portion of the house to the extent of the share of defendant No. 2 to defendant No. 1 for consideration, however, according to him, defendant No. 1 cannot claim a specific portion of the land and also the house being not in possession thereof.

(3.) IT is seen from the plaint that the plaintiff has sought decree for permanent prohibitory injunction restraining defendant No. 1 from causing any interference or disturbance in the privacy of his house existing over the suit land. By way of ad -interim injunction, the defendant was sought to be restrained from causing any interference in the suit house and also disturbing the privacy of the plaintiff.