KRISHAN PARKASH SINGH Vs. AJMER SINGH

JUDGEMENT

(1.) THIS revision is directed against the orders passed by the courts below as interim injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure was declined.

(2.) KRISHAN Parkash Singh and Baldev Krishan Singh, plaintiffs filed a suit for permanent injunction restraining the defendants Ajmer Singh and others from interfering in their possession over the land measuring 13 Kanals 3 Marlas, situated in village Sohal Jagir, Tehsil Shahkot, District Jalandhar. As per averments, the land originally belonged to Ajmer Singh, who had agreed to sell it in favour of Lal Singh, defendant No. 2. Lal Singh further sold the same in favour of Karnail Singh, father of the plaintiffs for a consideration of Rs. 93,450/- vide sale deed dated 14.6.1991. Karnail Singh being the bona fide purchaser had transferred the land in favour of the plaintiffs by virtue of a decree passed by the civil Court. Wazir Chand, defendant No. 3 is threatening to interfere in their possession on the grounds that the decree is and null and void having been obtained in collusion with defendants No. 1 and 2 and the same is not binding upon him.

(3.) MR . Jasbir Singh, learned counsel contended that the plaintiffs were not party to the decree, therefore, the judgment and decree set up by the defendants is not binding upon them. In fact, it is a collusive one.