Kanwaljit Singh Ahluwalia, J. - (1.) PRESENT regular second appeal has been preferred by Plaintiff to the suit. This Court had requisitioned the records on 23.12.2009. Today, with the aid of Counsel for the parties, I have perused the same.
(2.) PAWAN Kumar, Appellant -Plaintiff, along with his wife Raj Rani had instituted a suit for permanent injunction praying that the Defendants be restrained from dispossessing the Plaintiffs and interfering in their peaceful possession in the suit property, which is a house, the detail and description of which has been given in the head -note of the plaint. It was stated that once the house was owned by some Mittal Family and there is a Samadh of Baba Moni Das Ji at the spot. Plaintiffs were inducted into the suit property by the said Mittal family about eight years prior to institution of the suit. The suit was instituted on 27.7.2008. It was further stated that the Plaintiffs along with their four children were residing in the suit property. Earlier Defendant No. 1 had made an attempt to forcibly enter into the suit property and a case FIR was lodged against him. On issuance of the notice of motion, Defendant -Respondents caused appearance. They admitted that the property was owned by Mittal family but was gifted to Pandit Sadhu Ram who died and after his death Amar Dass inherited the property and from Amar Dass, Defendant No. 1 had succeeded to the property. It was further stated that about two years before filing the suit, Defendant No. 1 fell sick and asked Plaintiff No. 1 to perform religious duties in his absence. About ten months ago, Plaintiff had quarreled with the residents of the Agwar and thereby had breached the sanctity of the dera, therefore, he was asked to vacate the premises and Plaintiff being licencee of Defendant No. 2, cannot continue in the suit property.
(3.) AFTER conclusion of the pleadings, the trial court had drawn the following issues: 1. Whether the Plaintiffs are in possession of the suit property? OPP 2. Whether the Plaintiffs are entitled to permanent injunction as prayed for? OPP 3. Relief.;