SOM NATH Vs. LACHHMAN SINGH

JUDGEMENT

(1.) DEFENDANTS Nos. 1 to 5 in the trial Court; namely, Som Nath, Des Raj, Gurbachan Singh, Hari Chand and Mohinder Pal, have filed the present civil revision and has been directed against the judgment dated 8.4.1999, passed by the Addl. Distt. Judge, Jagadhari, who affirmed the order dated 30.6.1998, passed by the Court of Addl. Civil Judge (Sr. Divn.), Jagadhari, who allowed the application of the plaintiffs - Lachhman Singh, Ranjore Singh, Ramesh Kumar and Rajroop Singh, now respondents 1 to 4, under Order 39 Rules 1 and 2, C.P.C., and granted temporary injunction in their favour restraining defendants 1 to 7, i.e. the present petitioners; Mahipal and Shanti Devi, from interfering into the possession or forcibly dispossessing the plaintiffs from the suit property, except in due course of law, till the decision of the suit.

(2.) SOME facts of the case can be noticed in the following manner :-

(3.) THE case set up by the plaintiffs in the trial Court was that earlier one Fateh Singh was the owner of the suit land and plaintiff No. 1 Lachhman Singh along with others was tenant under him. Later on, the ownership of the land was changed in the names of defendants 6 and 7, but the plaintiff No. 1 along with the predecessors of plaintiffs 2 to 4 and defendants 8 to 12 remained tenants over the suit land and they have not been ejected from the suit land. Defendants 6 and 7 sold away the suit land in favour of defendants 1 to 5 secretly and without notice to the plaintiffs. On the basis of the sale deeds, defendants 1 to 7 are taking forcible possession of the suit land from the plaintiffs on which they have got no legal right, title or authority. Under these circumstances, the plaintiffs prayed that during the pendency of the suit, they should not be ejected forcibly by defendants 1 to 7.