BALBIR SINGH Vs. PT PEHLAD

JUDGEMENT

(1.) This civil revision is directed against the order passed by Mr. R.L. Chugh, Senior Sub-Judge, Delhi on 17/12/1984.

(2.) The facts are briefly set out. The respondent, Pt. Pehiad and his brother, Mr. Narain Singh were co-bhumidars of 22 bighas 8 biswas of land in village Holambi Khurd. On 15/9/1984, Mr. Narain Singh is alleged to have sold his half share consisting of 11 bighas 4 biswas to Mr. Balbir Singh, the petitioner, by a registered sale deed. The sale-deed indicates that the consideration of Rs. 20,000.00 "had been received previously from the vendee, and nothing remain due out of the sale price". In the sale deed the khasra numbers of the entire land of 22 bighas 8 biswas are mentioned. Though no specific khasra numbers are mentioned, it is asserted therein that Mr. Narain Singh is "the exclusive owner and in absolute possession and Bhumidar of Agricultural land measuring 11 bighas 4 biswas out of land measuring 22 bighas 8 biswas" and "possession of the above-mentioned land under sale has been given to the Vendee who had occupied the same." It is also asserted in the said sale-deed that the vendor has "complied with Section 33 of the Land Reforms Act Delhi, and hold DO other area in Delhi state."

(3.) Thereafter, on 14/11/1984, Mr. Balbir Singh filed a suit for permanent injunction against Pt. Pehiad restraining him from interfering with his possession in specific khasra numbers of the land, mentioning that it was Mr. Narain Singh's mutually partitioned share which had been sold to him and he had taken peaceful possession of it on the date of sale. However, Mr. Narain Singh was not made a party to the suit. An application for an interim injunction was also filed, along with the plaint.