SUKHWINDER SINGH AND ANR Vs. BALBIR SINGH

JUDGEMENT

(1.) Plaintiffs Sukhwinder Singh and his father Mukhtar Singh have filed the instant revision petition under Article 227 of the Constitution of India impugning judgment dated 27.8.2009, Annexure P/1 passed by learned Additional District Judge (Adhoc) Fast Track Court, Gurdaspur thereby allowing appeal of Defendant-Respondent Balbir Singh against order dated 12.9.2006, Annexure P/2 passed by learned Additional Civil Judge (Senior Division) Batala.

(2.) Petitioners have filed suit against Respondent for permanent injunction alleging that Petitioner-Plaintiff No. 2 through his son Plaintiff-Petitioner No. 1 is in exclusive possession of the suit land measuring 2 kanals comprised of khasra No. 8R/15/2 and the Defendant who has no right, title or interest in the suit land, claims to have purchased the suit land from a co-sharer. However, mutation on the basis of the said sale deed has not been sanctioned and has been declined by the revenue officers. Defendant threatened to dispossess the Plaintiffs from the suit land. Accordingly, Plaintiffs sought permanent injunction restraining Defendant from interfering in possession of the Plaintiffs over the suit land and from dispossessing them therefrom illegally, forcibly and without due course of law. By moving separate application under Order 39 Rules 1 and 2 read with Section 151 of Code of Civil Procedure, Plaintiffs sought temporary injunction to the same effect.

(3.) Defendant-Respondent resisted suit and the application and inter alia, pleaded that Plaintiffs are guilty of concealment of material facts. Joint land including the suit land already stands partitioned by the revenue court. In partition, suit land fell to the share of Kabul Singh and others. Defendant has purchased the suit land from Kabul Singh and Avtar Singh and accordingly Defendant is owner in possession of the suit land. Plaintiffs are not in possession of the same. Various other pleas were also raised.