SHINGARA SINGH ALIAS BAHADUR SINGH Vs. MAJOR SINGH

JUDGEMENT

(1.) Challenge in the present revision is to the order 13.05.2021 (P-7) of the Ld. Additional District Judge, SBS Nagar, whereby, the appeal of the petitioner against the order dated 25.11.2020 of Ld. Civil Judge (Junior Division), SBS Nagar (P-6) dismissing the application of the petitioner filed under Order 39 Rules 1 and 2 CPC was dismissed.

(2.) The plaintiff-petitioner had filed the Civil suit for permanent injunction for restraining the defendant-respondents from dispossessing him from the suit property/house, interfering in his possession and from demolishing any part of the suit property comprised in Khata Number 561/669, Khasra No. 143/2(0-15) as entered in the Jamabandi for the year 2015-2016, shown as red in the site plan annexed with the suit. Along with the suit the petitioner had filed an application under Order 39 Rule 1 and 2 for restraining the defendant-respondents from dispossessing him forcibly from the suit property/house, interfering with his possession and demolishing any part of the suit property.

(3.) The case of the petitioner was that the property shown as red, green and yellow in the site plan (P-8) was jointly owned by the petitioner along with his brothers. However the petitioner was in possession of the property shown in red colour in the site plan where he had constructed his house more than 20 years back and since then he was in peaceful and uninterrupted possession thereof. He had also got installed an electric connection and was paying electricity charges. Portion shown in green colour was the part of Khasra No.143/2 and the portion shown in yellow colour was located within the red line of the village and was the joint property of the petitioner and his brothers. Respondents No.1 and 2 (who are the nephew and niece respectively of the petitioner) are raising construction over the yellow and green portions, to which the petitioner had no objection. But they were threatening to dispossess the petitioner forcibly from the property shown in red colour, to which they have no right. Hence the suit.