D.P.WADHWA, SUJATA V.MANOHAR
Banarasi Das – Appellant
Versus
Maharaja Sukhjit Singh – Respondent
Judgment
D.P. Wadhwa, J.-Plaintiff is in appeal. He is aggrieved by the judgment dated May 20, 1992 of the Punjab and Haryana High Court passed in regular second appeal whereby his suit for injunction both perpetual and mandatory was dismissed. The trial Court had also dismissed the suit though he succeeded in the first appeal.
2. Plaintiff instituted his suit on May 3, 1986. The sole defendant was Brig. Maharaja Sukhjit Singh. The plaintiff sought a decree for permanent injunction restraining him from interfering in the land measuring 32 Kls 12 mls situated in the revenue estate of Jalandhar of which the plaintiff claimed to be in culivating possession. During the pendency of the suit the plaintiff impleaded Balbir Singh Chandi as defendant No. 2 and amended plaint was filed on June 14, 1986. Now, the plaintiff said that the first defendant through his attorney Pritpal Singh allowed the second defendant to take forcible and illegal possession of land measuring 1 kanal 12 mls out of the suit land and that the second defendant started raising construction thereon. The plaintiff, therefore, also sought a relief for mandatory injunction directing the defendants (now respondents) to d
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