SADHU SINGH Vs. KAILA DEVI

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India assails the appellate order dated on 26.03.2013 granting temporary injunction to the plaintiff/respondent herein restraining the defendant No.2 -Sadhu Singh (petitioner herein) from alienating the suit property after reversing the findings of the trial Court dated 29.01.2013 declining temporary injunction.

(2.) THE basic facts giving rise to the instant petition are that the plaintiff filed a suit for declaration of title and permanent injunction against the defendants including the petitioner. The suit property originally belong to deceased Gokul. Deceased Gokul had four sons, Gyasiram, Lalaram, Girdhari and Bhagirath. Gyasiram had two sons, Sadhu Ram and Nekiram. Lalaram had two sons Babulal and Kailash. Girdhari had four sons, Jagdish, Mewaram, Raghuvir and Chandrabhan. Whereas Bhagirath had three sons Bhajanlal, Rajkumar and Ramji. The suit property during the life time of deceased Gokul was jointly possessed by the deceased Gokul and his sons. Deceased Gokul during the his life time had recorded the suit land in the name of oldest son of each of his four sons i.e. Sadhuram, Babulal, Jagdish and Bhajanlal showing them as Bhumiswami. During the life time of Gokul all four sons jointly tilling the suit land. On the death of Gokul his four sons namely Gyasiram, Lalaram, Girdhari and Bhagirath arrived at a family settlement in which Gyasiram received 1/4 of the suit land which was recorded in the revenue record in the name of his elder son Sadhuram. This 1/4 share which fell in favour of Gyasiram was bearing Survey No.494/3, 510/1/1 and Survey No.513. The recording of the name of the Sadhu Singh in the revenue record was with the consent of his other brothers. In this manner an area of 15 Bigha 6 Biswa fell in the share of Gyasiram. In this manner it was pleaded by the plaintiff that each one of the four sons of the deceased Gokul received 15 Bigha and 6 Biswa of the suit land each. However, it is contended that the names of their elder sons i.e. Babulal, Lalaram, Sadhusingh and Jagdish continue to be recorded as Bhumiswami. In this factual background, it is pleaded by the plaintiff that each son of deceased Gokul received 1 / 4 equal share. Thus, Gyasiram (deceased father of defendant No.2) (petitioner herein) received 15 Bigha and 6 Biswa of the suit land which was distributed among his sons Sadhusingh and Nakiram. Nekiram tilled the suit land falling in his share along with his brother Nekiram who was uneducated and had only one daughter (plaintiff No.2).

(3.) IN the aforesaid background, the trial Court declined grant of temporary injunction.