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2021 Supreme(P&H) 807

ANIL KSHETARPAL
Mohinder Kumar – Appellant
Versus
Kalu Ram – Respondent


Advocates Appeared:
Mr. Karan Sachdeva, Advocate for the appellant.

JUDGMENT

Anil Kshetarpal, J. - The plaintiffs-appellant has filed the regular second appeal against the concurrent findings of fact arrived at by the Courts below while dismissing the suit for grant of permanent injunction restraining the defendant from raising any construction or changing the nature of the property. It is the case of the plaintiffs that they are co-owners/co-sharers in the land measuring 41 kanals 9 marlas. The plaintiffs further state that an application for partition of the land is pending before the Assistant Collector 1st Grade.

2. The defendant contested the suit by submitting that he has purchased a specific portion of the property for construction of marriage palace. It has further been pleaded that he has already got permission to change the use of land (CLU) from the competent authority and started construction thereof. It has further been stated that the area in question is surrounded by buildings (residential as well as commercial).

3. The learned trial Court on appreciation of evidence dismissed the suit which was upheld by the First Appellate Court.

4. This Court has heard learned counsel for the appellant at length and with his able assistance, perused t

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