SURAJRATAN Vs. HARIKISHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties. The petitioner/plaintiff filed a suit for injunction alleging that the property in question measuring 3600 square feet belongs to him by virtue of sale deed executed in his favour as back as in the year 1994. Out of this property, some open piece of land was given by the plaintiff to the defendant no.1 for use only on license basis. The defendant became hostile to the interest of the plaintiff. Therefore, the present suit was filed by the plaintiff wherein the plaintiff sought injunction against the respondents. The respondents' contention is only that they are in possession of the property and living in the house adjoining to the land in dispute. The land in dispute is measuring 30 ft. x 40 ft. The respondents applied for regularisation of the said plot falling between two houses over which the petitioner is claiming his title. The Commissioner was appointed who reported that if the dispute property is added in the area of the property of the plaintiff's house, then it will not exceed 3600 sq.ft. which is the measurement given in the sale deed.

(2.) AFTER considering all the aspects, the trial court vide order dated 27.7.2007 granted injunction against the respondents against their raising construction and against alienating the property in dispute.

(3.) BEING aggrieved by the order dated 10.7.2008, the petitioner has preferred this writ petition.