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2011 Supreme(P&H) 1501

MEHINDER SINGH SULLAR
Gauri Shanker – Appellant
Versus
Surjit Kumar – Respondent


Advocates appeared:
Mr. H.K. Sharma, Advocate, for the appellant.
Mr. B.D. Sharma, Advocate, for the respondent(s).

JUDGMENT

MEHINDER SINGH SULLAR, J. (oral) - As identical questions of law and facts are involved, therefore, I propose to dispose of both the above indicated appeals, vide this common order, in order to avoid the repetition of facts in this context.

2. The epitome of the facts, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant appeals and emanating from the record, is that Mahant Gauri Shanker son of Mahant Harnam Dass-appellant-plaintiff (hereinafter to be referred as “the plaintiff”), claiming himself to be the owner of the property in dispute, filed the civil suit bearing No.9 of 1997, for a decree of mandatory injunction, directing Surjit Kumar son of Madan Gopal and Paramjit Singh son of Jawahar Singh-respondent-defendants(for brevity “the defendants”) to hand over the vacant possession of the suit property situated in the abadi of village Apra, Tehsil Philaur, District Jalandhar.

3. Sequelly, the plaintiff has also filed similar second civil suit bearing No.10 of 1997, for mandatory injunction against Surinder Singh son of Gurdial Singh.

4. The plaintiff claimed that he is owner of the suit property and the defen
















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