MADAN LAL Vs. HARI SINGH

JUDGEMENT

(1.) Plaintiff Madan Lal has filed this revision petition under Article 227 of the Constitution of India, having remained unsuccessful in both the courts below in securing temporary injunction. Plaintiff's father Nasib Singh sold 17 kanals 19 marlas land and some other land to Hirda and Swaran (predecessors of defendants no.1 to 7). The said sale was challenged by one Pirthi a co-lateral of Nasib Singh vendor. The suit was decreed and it was held that sale in favour of the vendees would not be binding on the reversionary rights of the said plaintiff or the collaterals of vendor Nasib Singh. The judgment and decree passed by the trial court in that suit were upheld up to this Court in second appeal. The plaintiff's father Nasib Singh vendor is still alive. However, the defendants, in order to deprive the plaintiff of the benefit of the aforesaid judgment and decree, intend to alienate the suit land and defendants no.1 to 7 have already alienated one kanal land to defendant no.8. The plaintiff accordingly sought temporary injunction restraining the defendants from alienating the suit land and from wasting the same by digging earth, till final decision of the suit.

(2.) The defendants resisted the suit and the application and denied the previous litigation. Various other pleas were also raised. Learned Civil Judge (Junior Division), Kurukshetra, vide order dated 30.01.2006, dismissed the plaintiff's application for temporary injunction. Appeal preferred by the plaintiff against the said order has been dismissed by Additional District Judge, Kurukshetra, vide judgment dated 17.05.2006.

(3.) I have heard learned counsel for the parties and perused the case file.