MOTI RAM Vs. HISSAM

JUDGEMENT

(1.) This is a revision petition brought by the plaintiff under the provisions of Article 227 of the Constitution of India for setting aside the order dated 28.5.2011 passed by Additional District Judge, Kurukshetra, vide which the appeal of respondents No. 2 and 3 had been accepted and the application under Order 39 Rules 1 and 2 CPC had been dismissed.

(2.) Claiming that the plaintiff Moti Ram and the heirs of his brother Rati Ram were owners in possession in equal shares of the property bearing khasra No. 666 measuring 5 marlas situated in village Amin, Tehsil Thanesar, District Kurukshetra, the defendants are alleged to have colluded with each other and are intending to raise further construction therein without the consent of the plaintiff, want to alienate the same and want to collect rent of the shops from defendant No. 4 exclusively. They are further claimed to have colluded with each other to dispossess the plaintiff from the suit land forcibly. It is also claimed that they are even planning to sell the suit property to some strangeRs.

(3.) The defendants resisted the prayer for ad-interim injunction restraining the defendants from doing the aforesaid acts. Defendants No. 1 to 3 had claimed that the property had been partitioned between the plaintiff and Rati Ram by way of family settlement in the life time of Rati Ram and in that family settlement, the suit property fell to the share of Rati Ram while Moti Ram had received another property on which he has constructed a kothi. It is further averred that defendants No. 1 to 3 are in possession of suit property as owners and are using the same. The plaintiff is denied to have a prima facie case in his favour.