PHOOL SINGH Vs. RAJINDER SINGH

JUDGEMENT

(1.) THIS appeal is against order dated 3rd February, 2009 passed by Additional District Judge Delhi, vide which application under Order 39 Rule 1 and 2 Code of Civil Procedure (for short as "Code ") of respondents was allowed.

(2.) BRIEF facts as alleged are that respondents are joint owners of suit land, being successor in interest of their respective ancestors, who were joint owners and in possession of the suit land. Land of Khasra No. 50 min. measuring 21 Bighas and 13 Biswas was owned and possessed by proprietors of Shamlat Thok of Village Himayun Pur, which was partitioned. Land measuring 2 Biswas and 16 Bighas was given a separate Khasra No. 50/1 and fell to the shares of ancestors of respondents.

(3.) RESPONDENTS filed suit for possession, damages and injunction against appellant restraining him from alienating the suit land and also from raising any further construction.