DILIP SINGH Vs. RAMESH KUMAR

JUDGEMENT

(1.) THIS is an appeal by the defendants under Order 43 rule 1 (r) CPC by which the plaintiffs' application under Order 39 rules 1 and 2 CPC for temporary injunction has been allowed and the defendants No. 1 to 5 have been restrained from interfering with the possession of the plaintiffs on the land in dispute.

(2.) THE order of temporary injunction has been passed in respect of the lands bearing Khasras No. 19,29,65,68,70,80,91,92 and 118 total area 29.86 acres of village Kothri. According to the plaintiffs these lands were allotted to their father Nawal Kishore in the partition which took place in the year 1967 and which was confirmed by registered partition-deed dated 12.5.1972 executed by defendant No. 6 Bhagwan Singh. The genealogy has been shown in para 5 of the impugned order. These lands were the joint family property. In the registered partition-deed these lands have been shown to be of the share of Nawal Kishore. Defendant No. 6 Bhagwan Singh has filed an affidavit in support of the plaintiffs' case in which he has clarified how the registered partition-deed dated 12.5.1972 was executed.

(3.) THE appeal is dismissed.