Mehinder Singh Sullar, J. - (1.) THE crux of the facts, culminating in the commencement, relevant for deciding the instant regular second appeal and emanating from the record, is that Shiv Ram son of Kartar Singh Appellant -Plaintiff (for brevity "the Plaintiff") filed the suit for a decree of permanent injunction, restraining the State of Punjab and its Chairman, Punjab Urban Development Authority (in short "PUDA"), Urban Estate, Patiala Respondent -Defendants (for short "the Defendants"), from raising any type of construction and interfering, in any manner, in the peaceful use of passage comprised in khewat/khatoni No. 474/729, khasra Nos. 80/1, (9 -16), 80//2 (8 -10), khewat/khatoni No. 505/757 khasra No. 135(0 -16), situated in the revenue estate of village Shamdo, Tehsil Rajpura, District Patiala, inter -alia pleading that the indicated passage was earmarked by the consolidation authority at the time of consolidation of holdings. It is the only passage to connect the land of owners, including the Plaintiff. It is a short cut passage from village Shamdo to Rajpura, but the Defendants are bent upon to close it by raising construction over it, without any legal right. On the basis of aforesaid allegations, the Plaintiff filed the suit for a decree of permanent injunction against the Defendants, in the manner described hereinbefore.
(2.) THE Defendants contested the suit and filed the written statement, inter -alia raising certain preliminary objections of, maintainability of the suit, limitation, mis -joinder & non -joinder of necessary parties, cause of action and locus standi of the Plaintiff. The case set up by the Defendants, in brief in so far as relevant, was that the passage in question was never earmarked during the course of consolidation proceedings. There is another passage, leading to the land of the owners, including the Plaintiff. It was claimed that the major chunk of land, including the disputed portion, had already been acquired by the State, for setting up an industrial urban estate in the area of village Shamdo, by virtue of award Nos. 184 dated 26.2.1971 and 241 dated 26.3.1972, in view of the provisions of The Land Acquisition Act, 1894 (hereinafter to be referred as "the Act"). After the announcement of the awards, the possession of the land was taken by the State and was delivered to the Estate Officer of the PUDA. They have carved out a scheme known as Rajpura Industrial Urban Estate. It will not be out of place to mention here that the Defendants have stoutly denied all other allegations contained in the plaint and prayed for dismissal of the suit. Controverting the allegations of the written statement and reiterating the pleadings contained in the plaint, the Plaintiff filed the replication. In the wake of pleadings of the parties, the trial Court framed the essential issues for proper adjudication of the case.
(3.) THE parties to the lis, produced on record the oral as well as documentary evidence, in order to substantiate their respective pleaded cases.;