- (1.) The present appeal has been filed by the plaintiff, who is aggrieved against the dismissal of his suit for declaration and permanent injunction pertaining to a plot measuring 40' X 80' in village Khadoor Sahib.
(2.) The plaintiff alleges that the said plot was occupied by him in the year 1960 and he has raised construction on the same and the boundaries were specified in the site plan attached with the plaint and a sum of Rs. 10 lac was spent on construction on the same and he has been running a tuition college and has let out the same to Secular Coaching Academy School, Khadoor Sahib and to Mata Khiwi Public School on a monthly rent of Rs. 100 and also for various government offices. The case of the plaintiff is that his possession since 1960 is open and hostile w.e.f. 02.02.1960 and is to the knowledge of the whole village, general public and defendants no. 1 to 3. The plaintiff has got a hand pump installed and other facilities in his name. There was a different litigation between the plaintiff and his father Tara Singh, who is also father of defendants no. 1 and 3 and grand father of defendant no. 2. Since Tara Singh had died but the defendants have not given up their inimical feeling towards the plaintiff and are claiming their share in the suit house. The plaintiff requested the defendants to give up their inimical behaviour and treat the plaintiff as full owner in possession but they did not agree. Earlier also, a suit was filed by the plaintiff in respect of the said house which was dismissed in default after appearance of parties on 16.09.2003.
(3.) In the written statement filed by defendants no. 1 and 2, various objections were taken regarding the maintainability of the suit, plaintiff not coming with clean hands and the suit being barred by law in view of the earlier suit being dismissed on 16.09.2003 relating to the same property. The relationship inter se between the parties was admitted and it was contended that the suit property belongs to Tara Singh, father of the plaintiff and defendants no. 1 and 3 and grand father of defendant no. 2. It was stated that after the death of Tara Singh, the property has been locked and the partition was effected between Manohar Singh, Santokh Singh, Jagjit Singh sons of Tara Singh and Narinder Singh son of Sukhchain Singh son of Tara Singh and 2 marlas of land was given to defendant no. 1, the boundaries of which have been described, Jagjit Singh was allotted 2.75 marlas of land, Santokh Singh-plaintiff was allotted 3-1/2 marlas and Narinder Singh was also given 2.75 marlas and the boundaries of the said plots were mentioned. Separate written statement by defendant no. 3 was filed, wherein reference was made to the earlier suit being dismissed in default on 16.09.2003 and the property was lying locked and could be ascertained by appointing a Local Commissioner. It was alleged that the injunction could be granted against the true owner and defendant no. 3- Jagjit Singh had been given the house by Tara Singh out of love and affection in view of services rendered by him and his wife Amarjit Kaur, and Mohinder Kaur through a Civil Court decree dated 11.01.1977. It is further pleaded that after the death of Mohinder Kaur, defendant no. 3 and his wife Amarjit Kaur have become exclusive owners of the house in dispute but the same was lying closed and the plaintiff has no concern, connection and title in the said house.;