KIRPAL SINGH Vs. BALDEV SINGH AND OTHERS

JUDGEMENT

(1.) This petition is directed against the order of the learned District Judge, Sangrur, dated 16-9-1989 whereby ad interim injunction granted by the trial Court in favour of the plaintiff was modified to the extent that the plaintiff was entitled to retain possession of the property measuring one Bigha 5 Biswas out of the khasra numbers and as such is not entitled to get the injunction regarding whole of the land measuring 6 Bighas 6 Biswas.

(2.) Kirpal Singh plaintiff-petitioner filed a suit for permanent injunction. Along with the suit, he moved an application for ad-interim injunction which was allowed by the trial Court vide order dated 24-5-1989. In appeal, the learned District Judge modified the said order as mentioned above.

(3.) According to the findings of the learned District Judge, it was not borne out from the record that the plaintiff had purchased the property of Nazar Din as alleged and it was on that account that the order of the trial Court was modified. According to the petitioner, the learned appellate Court has taken a wrong view in modifying the order of the trial Court. Thus according to the learned counsel, he has acted illegally and with material irregularity in exercise of his jurisdiction.