DHARAM SINGH Vs. MAHENDER KUMAR AND ORS.

JUDGEMENT

(1.) PLAINTIFF No. 2 Petitioner has filed the instant revision petition under Article 227 of the Constitution assailing the orders dated 20.1.2010 and 1.6.2010 passed by the learned Additional Civil Judge (Senior Division) Kosli and Additional District Judge, Rewari respectively whereby parties were directed to maintain status quo and the prayer of the Plaintiff No. 2 Petitioner under Order 39 Rules 1 and 2 Code of Civil Procedure for restraining the respondents/Defendants from interfering in their possession was declined.

(2.) PLAINTIFFS /Petitioner filed a suit for permanent injunction for restraining the Respondents from interfering into their peaceful possession and cultivation over the suit land comprised in Khewat No. 12 Khatoni No. 13, Rect. No. 7 Killa No. 20/1 (3 -10) situated within the revenue estate of Village Sadhipur, Tehsil Kosli, Distt.Rewari. Alongwith the suit the Plaintiffs also filed an application under Order 39 Rules 1 and 2 Code of Civil Procedure seeking interim injunction against the Defendants/Respondents. On the other hand the case of the Defendants Respondents was that the Plaintiffs/Petitioner were claiming themselves as tenants over the suit land and were not in cultivating possession. It was further claimed by the Defendants that the Plaintiffs were not paying any rent to the land owners as they have failed to produce any receipt issued by land owners regarding payment of rent. It was further the stand of the Defendants that though the Plaintiffs have claimed to be occupancy tenants since 26.1.1950 but they have not produced any document in support of their claim.

(3.) IT is submitted by the learned Counsel for the Petitioner that both the courts below have erred in law while granting interim injunction in view of the fact that Plaintiffs are in actual, physical and cultivating possession of the suit land. It is further submitted that both the courts below have erred in law in holding that at this juncture it cannot be said as to which party is in possession.