RAJIV DHAR JUYAL Vs. NIRAJ DHAR JUYAL

JUDGEMENT

(1.) Heard Shri Abhijay Negi, learned Advocate for the petitioner.

(2.) In this writ petition, petitioner has prayed to issue a writ of Certiorari quashing the order dtd. 28/1/2021 passed by IVth Additional District Judge, Dehradun rejecting the revision filed by the petitioner and confirming the order dtd. 5/10/2019 passed by Civil Judge (SD), Dehradun and; order dtd. 5/10/2019 passed by Civil Judge (SD), Dehradun in Original Suit No. 365 of 2013 rejecting the application filed by the petitioner -defendant under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as "Code" for brevity).

(3.) The case of the present petitioner is that the property, in question, was allotted to late Shri D.D. Juyal, who happens to be the father of petitioner and respondent, herein, by Doon Valley Officers Cooperative Housing Society, Dehradun by execution of perpetual lease deed on consideration of annul rent of Rs.3.00. Further grievance of the petitioner is that by suppression, terming "lease deed" to be "sale deed" respondent filed an Original Suit No. 365 of 2013 seeking perpetual injunction against the present petitioner from alienating the property. Petitioner has been shown as sole nominee by his late father in the records maintained by the Cooperative Housing Society. Temporary injunction was granted against the petitioner and he was temporarily injuncted from alienating property in favour of any third party. It is very emphatically argued by the young counsel for the petitioner that for seven years, he has been injuncted from enjoying his own property whereas actually, there is no temporary injunction order injuncting him from entering inside the property. The Civil Judge (SD) has injuncted the petitioner from alienating the property in favour of any third party.