- (1.) This judgment will dispose of RSA No.3433 of 1985 titled 'Jalandhar Municipal Corporation, Jalandhar vs. The Punjab Wakf Board, Ambala Cantt. and another' and RSA No.3434 of 1985 titled 'Jalandhar Municipal Corporation, Jalandhar vs. Saudagar Singh and another' as both regular second appeals arise from common judgment and decree dated 24.07.1985 passed by learned Additional District Judge, Jalandhar.
(2.) These regular second appeals arise out of a suit for permanent injunction filed by plaintiff Saudagar Singh against appellant Jalandhar Municipal Corporation, restraining it from dispossessing the plaintiff from land in dispute situated in village Pragpur, Tehsil and District Jalandhar. The Court of first instance decreed the suit of the plaintiff vide judgment and decree dated 13.12.1982. Against the judgment and decree passed by the Court of first instance, defendants filed two separate appeal; one by the present appellant Jallandhar Municipal Corporation and other by the Punjab Wakf Board, Ambala Cantt. Learned lower appellate Court dismissed the appeal of the appellant (Jalandhar Municipal Corporation), however, allowed the appeal of defendant No.2 (Punjab Wakf Board). Hence these regular second appeals.
(3.) The detailed facts of the case are already recapitulated in the judgments of the Courts below and are not required to be reproduced in detail. However, the facts relevant for disposal of this second appeal are that plaintiff Saudagar Singh filed a suit for permanent injunction restraining defendant No.1 from dispossessing the plaintiff from the land in dispute illegally and forcibly except due course of law. The case set up by the plaintiff was to the effect that land in dispute was taken by father of the plaintiff on rent from defendant No.2 -Punjab Wakf Board.;