DALIP SINGH Vs. MANJIT KAUR

JUDGEMENT

(1.) This regular second appeal has been preferred against the judgment and decrees dtd. 5/5/2012 and 7/11/2012, passed by Civil Judge (Sr. Divn.), Shaheed Bhagat Singh Nagar and Addl. District Judge, Shaheed Bhagat Singh Nagar, by which the suit filed by plaintiff-appellant herein has been dismissed.

(2.) Brief facts of the case are, that the plaintiff/appellant herein filed a suit for mandatory injunction against the defendant/respondent herein alleging that he is owner of the premises as shown in red and blue colour in the site plan and described in the head note of the plaint, situated in the abadi of Mohalla Michgran, Rahon, Tehsil and District Nawanshahr. The defendant was out of shelter and on request of the defendant, the plaintiff provided the premises in question as a gratuitous licencee without any charge for a short time, and occupation and the legal possession was to remain with the plaintiff. The defendant is guilty of committing acts of waste and the plaintiff does not wish to keep the defendant as licencee and the licence stands terminated. The defendant has no right to use and occupy the premises in question. Therefore, he has filed the suit for mandatory injunction.

(3.) On notice, defendant/respondent herein appeared through counsel and filed written statement by taking preliminary objections regarding locus standi, cause of action, maintainability, estoppel, court fee, limitation, mis-joinder and non-joinder of necessary parties etc. On merits, the defendant took the plea that the plaintiff is not the owner of the suit property. The defendant has been residing in the suit property for the last so many years. She has been using the house for residential purposes. The plaintiff has no right, title or concern with the property in dispute. The site plan produced by plaintiff is wrong and against the situation of the spot. She has raised whole construction in the suit property by spending money from her pocket. Rest of the averments of the plaint have been categorically denied and dismissal of the suit was prayed for.