GANGA RAM Vs. NANAK

JUDGEMENT

(1.) THE plaintiff is in revision aggrieved against an order passed by the learned first Appellate Court on 15.10.2010, whereby an application for grant of ad interim injunction has been dismissed in appeal.

(2.) THE plaintiff claims title over the suit property on the basis of the decree suffered by Simbhu son of Sohan on 11.06.1984 in favour of the plaintiff. From the recitals in the orders passed by the Courts below, it transpires that the plaintiff is the brother of Simbhu, who alleges himself to be adopted by him and on that basis claimed a decree from the Civil Court in respect of the property of Simbhu. THE decree is that the plaintiff is owner in possession of the house situated in the area of Municipal Committee, Sonipat. THE petitioner filed a suit for permanent injunction accompanied with an application for grant of ad interim injunction restraining the defendants from demolishing the house ABCD detailed in para No.1 of the plaint and from raising any construction over the same and from changing the existing position of the house till the decision of the case.

(3.) THE plaintiff claims to have title from Simbhu, but how Simbhu was owner or in possession of the suit land is not explained. It is also doubtful that the plaintiff could be adopted by Simbhu, who is none else, but his real brother, but the said questions are better left to be decided by the learned trial Court on the basis of the evidence, which may be led by the parties. Suffice is to say that the defendants have been permitted to use the construction to be raised for plastering, flooring as well as making tiles work over the roof of constructed portion. THE defendants have been restrained from raising any fresh construction.