Makhan Singh v. Jasbir Singh And Another
1
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That Khasra Nos. 247 and 248 bearing Khata/Khatoni No. 244/432, 578/1172 as per Jamabandi for the year 201718 situated at village Manihala Jai Singh, Tehsil Patti, District Tarn Taran are ownership of plantiff and other cosharers who could not be joined as
2 plaintiff at this stage, but the present suit has been filed on their behalf and for their benefit also. Copy of Jamabandi is attached herewith. 2.
That there is lane on the western side of Khasra No. 247 which connects to Kansra No. 248. Copy of Shajra of village Manihala Jai Singh, Tehsil Patti, District Tarn Taran is attached herewith. 3.
That Khasra Number 90/1 which is entered as chappar and is ownership of Gram Panchyat of village Manihala Jai Singh and same bears Khata/Khatoni No.660/1261.
4.
That the defendant has nо right or interest in Khasra No. 90/1 which is ownership of Gram Panchayat of village Manihala Jai Singh, Tehsil Pattti and Gram Panchayat of village Manihala Jai Singh is not changing the nature of the lane in question and is also not making any Gala and affixing any door in the lane. 5.
That the defendant is a very high headed person and he is threatening to make some Gala or affixing some door in the lane situated on the western side of Khasra No.247 which connects to Khasra Number 248 bearing Khata/Khatoni No. 244/432, 578/1172 as per Jamabandi for the year 201718 situated at village Manihala Jai Singh, Tehsil Patti District Tarn Taran from the side of Khasra No.90/1 which is Gair Mumkin Chhappar and is ownership of Gram Panchyat of village Manihala Jai Singh, Tehsil Patti, District Tarn Taran forcibly, illegally or in any way for which he has no right to do so. In case, the defendant succeeds in doing so, then the plaintiffs will suffer an irreparable loss, which cannot be compensated in terms of money. 6.
That the defendant has been asked several times by the plaintiffs to admit the claim of the plaintiffs over the suit property and not to make any Gala or affixing any door in the lane situated on the western side of Khasra No 247 which connects to Khasra Number 248 bearing Khata/Khatoni No. 244/432, 578/1172 as per Jamabandi for the year 201718 situated at village Manihala Jai Singh, Tehsil Patti, District Tarn Taran from the side of Khasra No.90/1 which is Gair Mumkin Chhappar and is ownership of Gram Panchayat of village Manihala Jai Singh, Tehsil Patti, District Tarn Taran forcibly, illegally or in any way for which he has no right to do so. But the defendant has finally refused to accept the request of the plaintiffs since yesterday. Therefore, the plaintiffs have got cause of action against the defendant.
3 Hence the present suit."
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(9 $* (*(, & " 3 "Learned counsel for the petitioner contends that prayer for amendment of the plaint has been declined by the trial Court by observing that case was at the rebuttal/arguments. Learned counsel contends that the only prayer made by the petitionerplaintiff was that he wanted to seek the consequential relief of mandatory injunction. Learned counsel also undertakes that no fresh evidence shall be led, in case amendment of the plaint is allowed. Notice of motion for 24.02.2025 to respondent No.1 only. In the meantime, trial Court is directed not to pass the final order."
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