(1.) APPLICANT -defendant has filed this Civil Revision against the grant of injunction by the lower appellate Court in Miscellaneous Civil Appeal No. 2/01, by order dated 12.9.2001. In this case trial Court has rejected an application for injunction of the plaintiff on the ground that in the Panchsala Khasra right from 1997-98 to 2000-2001 the land bearing Survey No. 128, area 0.80 hectares has been recorded in the name of applicant No. 2 and after the death of Shivnarain, vide order dated 31.3.01, the land has already been mutated in the name of applicants-defendants. On the basis of the aforesaid revenue record the trial Court has found that the respondent-plaintiff is not in possession over the disputed land since last 10 years and even at present he is not found in possession. This contention of the respondent-plaintiff was also rejected by the trial Court that the land in dispute was purchased by the father in the name of deceased Shivnarain when he was minor. The trial Court observed that under the Prohibition of Benami Transactions Act the respondent-plaintiff has no right in the suit property.
(2.) THE learned appellate Court in appeal set aside the aforesaid finding and has held that prima facie it appears that the land in question is in possession of the plaintiff whereas in the said order it has not been mentioned that on what basis the plaintiff is claiming possession over the disputed land.
(3.) THE lower appellate Court has not mentioned any basis on which he has reversed the finding recorded by the trial Court. The lower appellate Court was only impressed with the fact that the mother is also entitled for share in the property of her son (deceased Shivnarain). Mother may be a shareholder, but in fact, the learned lower appellate Court has wrongly set aside the finding recorded by the trial Court about possession of the defendant-applicant No. 1, on the basis of continuous Khasra entries in their favour since 1997 and mutation over the land and also on the basis that the land was recorded in the name of deceased Shivnarain, who was the husband of applicant No. 1.