JAGIR SINGH Vs. KULWANT KAUR

JUDGEMENT

(1.) This writ petition is directed against the order dtd. 18/7/2022 passed by 1st Additional Civil Judge, Haridwar in Original Suit No. 177 of 2017 and also the judgment dtd. 15/2/2022 passed by 3rd Additional District Judge, Haridwar in Revision No. 48 of 2022.

(2.) By the impugned order, learned trial court held that the suit for permanent injunction filed by respondent before a Civil Court is not barred by Sec. 331 of Uttar Pradesh Zamidari Abolition and Land Reforms Act, 1950 (from hereinafter referred to as the "Z.A. and L.R. Act"). The view taken by trial court was affirmed by revisional Court.

(3.) The facts, on which there is no dispute, are that both plaintiff and defendants are recorded as Bhumidhar in respect of agricultural land comprised in Khasra No. 3 M situate in village Peetpur, Pargana Roorkee, District Haridwar, which they purchased from Lakhwinder Singh and Balwinder Singh, by means of separate sale deeds. Petitioners filed a suit for partition of the joint holding before Assistant Collector, Ist Class, Haridwar under Sec. 176 of Z.A. and L.R. Act, which is pending. Respondent filed a suit for permanent prohibitory injunction in the Court of Civil Judge, Haridwar restraining the petitioners from interfering with her peaceful possession over her land purchased through registered sale deed dtd. 14/12/2001.