SHANTI Vs. BIJENDER SINGH

JUDGEMENT

(1.) This is revision petition by Shanti plaintiff under Article 227 of the Constitution of India assailing order dated 23.10.2008, Annexure P/1 passed by learned Civil Judge (Senior Division) Jhajjar thereby dismissing plaintiff's application for temporary injunction and the appellate judgment dated 22.5.2009 (Annexure P/3) passed by learned Additional District Judge, Jhajjar thereby dismissing the plaintiff's appeal against order dated 23.10.2008, Annexure P/1 passed by the lower court.

(2.) Plaintiff's case is that her father Bansi was in possession of the suit land as tenant and after his death, the plaintiff is in possession thereof but the defendant-respondent illegally procured order dated 26.10.1999 from Assistant Collector IInd Grade, Jhajjar regarding correction of khasra girdawari in his favour. On coming to know of the said order, the plaintiff challenged it by way of appeal which was pending when the suit was filed but the said appeal has since been allowed vide order dated 20.1.2009, Annexure P/4 passed by the Collector and order of the Assistant Collector has been set aside and the matter has been remanded to the Assistant Collector for fresh decision. The defendant on the basis of order dated 26.10.1999 threatened to interfere in the possession of the plaintiff over the suit land. Accordingly plaintiff filed suit and claimed temporary injunction restraining defendant from interfering in plaintiff's possession over the suit land till final decision of the suit.

(3.) Defendant admitted that plaintiff's father Bansi was in possession of suit land as tenant but the defendant pleaded that Bansi was not having male issue or widow at the time of his death. The plaintiff being daughter of Bansi could not inherit the tenancy and after death of Bansi, possession of the suit land reverted to owners who gave the same to defendant as tenant on 1/3rd Batai. Various other pleas were also raised.