GANIKHAN Vs. AMANABAI

JUDGEMENT

(1.) This revision by the plaintiffs is against the order dated 14-7-1981, passed by the Addl. District Judge, Indore, whereby after reversing the order passed by the trial Court dated 12-2-1981, rejecting the application submitted by the defendants-non-appli-cants for issuance of a temporary injunction and allowing that submitted by the plaintiffs for issuance of a temporary injunction restraining the defendant-non-applicants from interfering with their possession over the suit land, the learned Addl. District Judge has vacated the temporary injunction issued against the defendants-non-applicants and has also ordered issuance of a warrant for deli-very of possession to the defendants-non-applicants-herein and has further ordered issuance of a temporary injunction restraining the applicants-herein from disturbing possession of the defendant non-applicants over the suit land.

(2.) Facts material for decision of this revision are as under: The applicants along with Chhotekhan have filed a suit on 10-5-1977 against the defendant-nonapplicants for declaration of title and issuance of a permanent injunction on the allegations that they are Bhumiswamis in possession of the land comprised in Survey NOS. 437, 439 and 457 situated in village Betma and the land comprised in survey Nos. 475, 471 and 472, situated in village Daulatabad; that in the suit lairds Allabelikhan and after his death Ins-heirs have no right, title or interest; that in 3 previous Civil Suit No. 28-A of 1969, a compromise had been effected to the effect that Allabelikhan will remain in possession of the land in dispute during his lifetime and after his death the land will go to those persons, who are entitled to hold it. Allabelikhan died on 4-5-1977. Thereafter the suit land has been in possession of Ganikhan and Chhotekhan, the plaintiffs, who have been activating the same that the defendants haw begun to deny the plaintiffs' title in the suit land and want to dispossess them forcibly. Hence the suit for declaration of title to the effect that the plaintiffs be declared to be Bhumiswamis in possession of the suit land and for issuance of a permanent injunction for restraining the defendants from interfering with possession of the plaintiffs ever the land in dispute.

(3.) Along with the plaint the plaintiffs sub-mitted an application for issuance of a temporary injunction on 10-5-1977 in which on the basis of the aforesaid facts a prayer for issuance of a temporary injunction was made restraining the defendants from interfering with possession of the plaintiffs over the suit land. An ex parte injunction was issued by the trial Court on 11-5-1977. Against this order the defendants preferred Misc. Appeal No. 98 of 1977, which was allowed by order dated 5-12-1977 and order granting ex parte injunction was set aside and it was directed that the trial Court should decide the ap-plication for grant of interim injunction after hearing both the parties. On 12-12-1977 the defendants submitted an application for issuance of a temporary injunction under Order 39, Rr. 1 and 2 and Section 151, C P. C. restraining the plaintiffs from interfering with their possession over the land in dispute and to dismiss the application submitted by the plaintiffs for grant of a temporary injunction. The defendants had submitted reply to the ap-plication submitted by the plaintiffs for grant of a temporary injunction, on 8-11-1979, stating that the suit land was m possession of Allabelikhan in pursuance of the compromise and after the death of Allabelikhan on 4-5-1977 the defendants are in possession of the land in dispute and crops sown by the defendants arc standing on the soft land. Accordingly, the plaintiffs are not entitled to issuance of a temporary injunction. The plaintiffs by their reply dared 26-3-1980 opposed the application submitted by the defendants for issuance of a temporary injunction against them.