HAZI MOHAMMAD NAFEES Vs. REHANA BANO

JUDGEMENT

(1.) This Miscellaneous Appeal has been preferred by the plaintiffs under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 (for short 'the CPC') questioning the order dated 03.05.2018 passed by the 1st Additional District Judge, Bilaspur in Civil Suit No.64-A/2016, whereby the trial Court, while rejecting the application filed by the plaintiffs under Order 39 Rules 1 and 2 of the CPC and by allowing the defendants' application of similar nature, has restrained them (plaintiffs) from interfering in their peaceful possession and from creating any third party interest during the pendency of the suit. The parties to this appeal shall be referred hereinafter as per their description in the Court below.

(2.) Briefly stated, the facts of the case are that the plaintiffs instituted a suit by submitting inter alia that their predecessor in interest namely Md. Rafiq had purchased the land bearing Khasra No.588/1 area 3,720 sq.ft from one Asha Singh under the registered deed of sale dated 21.09.1988, which was renumbered at the time of its mutation in his name (Md. Rafiq) as Khasra No.588/5. Likewise, he (Md. Rafiq) had purchased a part of land bearing Khasra No.589/4 area 0.11 acres and part of Khasra No.599/1 area 0.01 acres total admeasuring 0.12 acres of land from one Gopi Prasad under the registered deed of sale dated 26.10.1973 and at the time of mutation, both these lands were recorded in his name as Khasra No.589/6 and 599/3.

(3.) It is pleaded further by the plaintiffs that their predecessor in interest namely Hazi Abdul Gaffar, who was the father of said Md. Rafiq had purchased a part of land bearing Khasra No.589/7 admeasuring 0.26 acres from one Mahendra Singh under the registered deed of sale dated 08.01.1987 and at the time of mutation, it was recorded in his (Hazi Abdul Gaffar) name as Khasra No.589/14. Likewise, by virtue of a registered deed of sale dated 13.02.1982, he purchased a part of Khasra No.511/2 area 2,000 sq.ft and also a part of said Khasra No.511/2 area 2,500 sq.ft. total admeasuring 4,500 sq.ft, from one Jogender Arora in the name of his own firm, known as "Firm Bukhari Enterprises" which were renumbered at the time of mutation as Khasra No.511/26 admeasuring 0.022 hectares and Khasra No.511/27 admeasuring 0.018 hectares.