R.S.A. No. 5097 of 2010 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. R.S.A. No. 5097 of 2010 (O&M) Date of Decision: January 7, 2011 Jagir Kaur …..Appellant Vs. Swaran Singh …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.Manoj Kumar, Advocate for the appellant. -.- M.M.S. BEDI, J. (ORAL) The plaintiff – appellant had filed a suit for injunction against the defendant- respondent. While dismissing the suit of the plaintiff- appellant, the Courts below simultaneously decreed the counter-claim of the defendant- respondent for mandatory injunction directing the plaintiff- appellant to vacate the residential portion alongwith the land adjoining the same, rejecting the claim of the plaintiff- appellant that she has been in adverse possession of the property. While considering the right of the R.S.A. No. 5097 of 2010 (O&M) [2] defendant to file the counter-claim, a Will of Baba Madan Gopal in favour of defendant – respondent was held to be valid. Counsel for the plaintiff- appellant has contended that the plaintiff is a lady having raised constructions with the permission of Baba Madan Gopal, the original owner of the Dera. It is submitted that she would waive her rights, if any, in the landed portion of the suit property but she may be permitted to continue in possession of the residential portion which has been raised with her own resources. She has admittedly been in possession of five to six rooms in Dera. Since no plea has been raised by her regarding the amount spent by her on raising construction of the alleged rooms in her possession, it is not permissible to consider her right for compensation as licensee for the constructions allegedly raised by her. No substantial question of law arises in the present appeal as such the appeal is dismissed. However, the appellant is granted six months time to vacate the premises in her possession subject to the rights of mesne profits of the counter-claimant/ defendant. January 7, 2011 (M.M.S.BEDI) sanjay JUDGE