A vendor cannot pass a better title than what he himself possesses.

Avneesh Jhingan, J.

This regular second appeal is at the behest of the plaintiff being aggrieved of dismissal of her suit for permanent injunction.

2. For the sake of convenience, the parties are being referred to as per their original position in the civil suit.

3. The plaintiff filed a suit for permanent injunction for restraining the defendant, its agents and servants from demolishing any part of the property owned by the plaintiff, detailed in site plan Annexure A annexed with the plaint. The suit property is situated within the revenue limits of village Kukar Majra, Tehsil Amloh, District Fatehgarh Sahib.

4. The facts as averred in the plaint are that the plaintiff was owner in possession of the property purchased by her vide registered sale deed dated 17.01.2007 registered on 19.01.2007. The said property was purchased from the previous owner in the same condition as was shown in the site plan annexed with the suit. It was averred that the defendant was bent upon to demolish some part of the suit property by serving notice under Sections 172 and 220 of the Punjab Municipal Act. Hence, the suit was filed.

5. On notice, the defendant filed written statement. Among other pleas, it was averred that the plaintiff had encroached upon the berms of pacca road and she had encroached upon the public property.

6. The learned trial court framed the following issues :

(1) Whether the plaintiff is entitled to permanent injunction as prayed for ? OPP

(2) Whether the suit is not maintainable in the present form ? OPD

(3) Whether no cause of action has been accrued to file the present suit ? OPD

(4) Relief.

7. In order to support her case, the plaintiff produced Jaspal Singh, deed writer, as PW.1; Ashok Kumar Goyal as PW.2, who was marginal witness to the sale deed. Ranjit Singh, Kanungo, was examined as PW.3, who prepared the demarcation report. The plaintiff herself stepped into the witness box as PW.4. One Raj Kumar was examined as PW.5. Affidavits of PW.1 Jaspal Singh deed writer and PW.2 Ashok Kumar Goyal were exhibited as PW.1/A and PW.2/A, respectively. Sale deed was exhibited as P1. Copy of jamabandi, site plan and report of the local commissioner appointed by the court were exhibited as P4, P5 and P6, respectively.

8. The defendant, in order to rebut the claim of the plaintiff, produced Amrik Singh, Inspector, M.C. Mandi Gobindgarh as DW.1, who tendered his affidavit as Ex.DW1/A. He produced his authority letter as Ex.D1. Report of Baljinder Singh Inspector was exhibited as D2. Copies of notices were produced as Ex.D3 and Ex.D4.

9. The learned trial court, after appreciating the facts and taking into consideration the evidence produced, decided issue No.1 against the plaintiff. Issues No.2 and 3 were decided in favour of the defendant and against the plaintiff. The net result is that the suit was dismissed vide judgment and decree dated 07.02.2013.

10. Being aggrieved of the judgment and decree passed by the learned trial court, appeal was filed by the plaintiff. Learned Additional District Judge, Fatehgarh Sahib, vide judgment and decree dated 24.07.2017 dismissed the appeal.

11. Hence, the present regular second appeal.

12. In the appeal, the following four questions of law were framed:-

(1) Whether the judgments and decrees passed by the learned District Judge, Fatehgarh Sahib and Ld. Addl. Civil Judge (Senior Division), Amloh are sustainable in the eyes of law?

(2) Whether the plaintiff/appellant is entitled for grant of permanent injunction?

(3) Whether the plaintiff/appellant has prima facie proved her title to the property?

(4) Whether the Ld. Courts below have appreciated the whole evidence led by the plaintiff/appellant?

13. Learned counsel for the plaintiff at the time of arguments, instead of addressing arguments on the aforesaid questions of law, contended that the learned courts below erred in dismissing the suit inspite of the fact that the sale deed was duly proved by the plaintiff. He submitted that the notices by the defen