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2010 Supreme(P&H) 246

VINOD K.SHARMA
Pavittar Singh – Appellant
Versus
Dalip Singh – Respondent


Judgment

VINOD K. SHARMA, J.

1. The defendant / appellant has filed this regular second appeal, to challenge the judgment and decree dated 16.7.2009, passed by the learned courts below, in a suit for mandatory injunction, filed by the plaintiff / respondent.

2. Though, in the grounds of appeal, as many as seven substantial questions of law were raised, but Mr. R. L. Batta, the learned Sr. Advocate appearing on behalf of the appellant, in view of the previous litigation, did not press any of the substantial questions of law, except the following :-

"whether the licence in favour of the appellant / defendant, under the facts and circumstances of the case, was irrevocable, because appellant spent huge amount in installation of machinery and construction, for proper working, with the implied consent of the respondent?"

3. The facts in brief are, that Pavittar Singh-appellant had previously filed a suit No.651 on 9.12.1995 for perpetual injunction restraining the defendant- Dalip Singh and Harbhajan Kaur, their agents, servants, associates etc. from dispossessing or causing to dispossess illegally and forcibly, the appellant from the property No. H-5, Sarabha nagar, Ferozepur Road, Ludhi























































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