SUDHIR MITTAL
Jit Singh – Appellant
Versus
Prithi Singh – Respondent
| Table of Content |
|---|
| 1. suit for mandatory injunction, property details (Para 1 , 2) |
| 2. defendant's claim of title and adverse possession (Para 3 , 4 , 5 , 6) |
| 3. analysis of maintainability and license revocation (Para 7 , 8 , 9 , 10) |
| 4. dismissal of appeal (Para 11) |
Judgment
Mr. Sudhir Mittal, J.
This regular second appeal arises out of a suit for mandatory injunction filed by the respondent directing the defendant to vacate the suit property. The suit has been decreed and first appeal filed by the defendant along with cross objections preferred by the plaintiff have been dismissed. Thus, a decree for mandatory injunction has been passed directing the defendant to vacate the suit property and handover vacant possession. He has further been directed to pay mesne profits amounting to Rs.99,000/- along with future interest @ 6% per annum till the date of realization.
2. The case set up by the plaintiff was that a plot was allotted to him in the year 1984 on which a house was constructed by him about 6-7 years later. Initially, the property was rented out as the plaintiff was residing in accommodation provided to him by his employer i.e. Panjab University. Thereafter, the defendant (being blood
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