BAKSHISH SINGH Vs. BARINDERJIT SINGH
LAWS(P&H)-2007-12-59
HIGH COURT OF PUNJAB AND HARYANA
Decided on December 21,2007

BAKSHISH SINGH Appellant
VERSUS
Barinderjit Singh Respondents

JUDGEMENT

VINOD K.SHARMA,J - (1.) THIS Regular Second Appeal has been filed against the judgments and decrees by the learned Courts below vide which the suit filed by the plaintiff-appellant was ordered to be dismissed.
(2.) THE plaintiff-appellant filed a suit for declaration claiming that he is owner in possession of house of 8 marlas comprised in Khasra No. 49/11, Khata-Khtauni No. 1427/1887 as per jamabandi for the year 1989-90. As a consequential relief, permanent injunction was prayed for restraining the defendants from forcibly and illegally dispossessing the plaintiff from the said house. The learned trial Court, on appreciation of evidence, came to the conclusion that defendants were the owners of the property in dispute. The trial Court also recorded a finding that the plaintiff-appellant in cross- examination admitted that the defendants never threatened to dispossess the plaintiff from the suit property forcibly. It was observed that the relief of injunction claimed by the plaintiff is a consequential relief only. Thus, the suit was dismissed.
(3.) THE appeal against the judgment and decree passed by the learned trial Court was also dismissed by the learned lower Appellate Court.;


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