GOVIND SINGH Vs. HAMIR SINGH

JUDGEMENT

(1.) The petitioners have filed this petition against the orders dated 22.4.2013. (Annexure P/1) and dated 12.3.2013 (Annexure P/2) passed by the trial Court.

(2.) The petitioners/plaintiffs filed an application for temporary injunction before the trial Court. They pleaded that they are owners of the land and the respondent No. 1 purchased some portion of the land from Baja Bai, respondent/defendant No. 2. However, the aforesaid defendant had no right to sell the land to the defendant No. 1 because it was the property of joint Hindu family. It was further pleaded that no possession was handed over to the respondent No. 1 in pursuance to the sale deed. Hence, the petitioners have a prima facie case and balance of convenience in their favour.

(3.) The trial Court has specificlly observed that the defendant No. 2 executed the sale deed and thereafter the possession of the land was also handed over in favour of the defendant No. 1. The petitioners are not in possession over the land. The Court further observed that one co -sharer in not entitled to receive temporary injunction against another co -sharer until and unless the property is partitioned. however, in the present case, the possession of the land was handed over to the defendant No. 1, hence, the plaintiffs are not eligible to get any order of temporary injunction from the Court.