L.N.MITTAL, J. - (1.) PLAINTIFF -Joginder Kaur having non-suited by both the Courts has filed this second appeal.
(2.) PLAINTIFF -appellant filed suit against defendant/respondent- Gurmej Singh alleging that plaintiff is owner in possession of the suit plot situated across the road from her house. The suit plot is ancestral property of the plaintiff. She raised foundations of the suit plot upto height of 2 feet. She has been storing her manure and garbage there. Defendant having no right, title or interest therein threatened to dispossess the plaintiff from the suit plot. Plaintiff sought permanent injunction restraining the defendant from doing so. The defendant denied the plaint averments and pleaded that defendant is owner in possession of the suit property and has raised foundations upto plinth level and he is using it for storing manure etc. It is comprised of khasra No.2590/1 to 1554(2-12). Plaintiff herein threatened to take forcible possession of the suit property whereupon defendant herein had filed suit against the plaintiff herein and her son. The present suit is, therefore, liable to be stayed under Section 10 of the Code of Civil Procedure.
(3.) LEARNED Civil Judge (Junior Division), Nawanshahr vide judgment and decree dated 04.01.2008 dismissed the plaintiff's suit. First appeal preferred by plaintiff has also been dismissed by learned Additional District Judge, Nawanshahr vide judgment and decree dated 26.08.2009. Feeling aggrieved, plaintiff has filed this second appeal.;