SURESH KUMAR Vs. OM PARKASH

JUDGEMENT

(1.) Heard.

(2.) The subject matter of the dispute in the present lis are shops constructed over the suit land measuring 0-00-60 HM, which is part of the entire land measuring 00-02-00 HM entered in Khata No.35 Min, Khatauni No.49, Khasra No.128, situated in Main Bazar Rehan, District Kangra. According to the appellant-plaintiff, the shops have been purchased by him vide registered sale deed bearing No.1136 dated 5.10.1999 and 1058 dated 15.9.2000. The defendant, who allegedly started causing interference in the suit property, has been sought to be restrained permanently from raising any sort of construction by way of making encroachment over the suit property and causing interference in his peaceful possession.

(3.) The claim of the defendant-respondent however is that the petitioner- plaintiff has only purchased two shops situated in the ground floor, whereas the shops on the first floor have been purchased by him. Learned trial Court in the interim had restrained the defendant from entering into the shops on the first floor and using the same during the pendency of the suit. The learned Lower Appellate Court has however, quashed the interim order Annexure P-5 passed by learned trial Judge and dismissed the application filed by the plaintiff under Order 39 Rules 1 and 2, CPC.