JASWANT KAUR @ MACMULLAN Vs. GURMEET SINGH AND ANOTHER

JUDGEMENT

(1.) Defendant/petitioner-Jaswant Kaur has filed the present revision petition under Article 227 of the Constitution of India challenging the order dated 14.5.2009 passed by learned Additional District Judge,Ferozepur, whereby the appeal filed by plaintiff/respondent no.1-Gurmeet Singh was allowed and the order dated 1.5.2008 passed by Civil Judge(Junior Division)Abohar dismissing his application under Order 39 Rules 1 and 2 CPC was set aside.

(2.) The brief facts necessary for the disposal of the instant revision petition are that respondent no.1/plaintiff-Gurmeet Singh filed a suit for permanent injunction against the petitioner/defendant no.1 and Manjit Singh-respondent no.2/co-defendant restraining them from interfering in the peaceful possession of the plaintiff over the suit land measuring 20 kanals 17 marlas, not to disposess the plaintiff illegally and further restraining the defendants from alienating the suit land in favour of any person till the date of enforcement of agreement dated 21.6.2006 executed by petitioner/defendant no.1 in favour of planitiff/respondent no.1-Gurmeet Singh.

(3.) It was alleged by the plaintiff-Gurmeet Singh that he took the suit land on mortgage and the mortgage deed was to be executed by 20.6.2011. The consideration amount was allegedly paid to defendant no.2-Manjit Singh, Attorney of petitioner/defendant no.1. The possession of the suit land was allegedly taken at the spot. It was further alleged by the plaintiff that he was threatened by the defendants to dispossess him from the suit land without any legal right and they had also threatened to alienate the suit property to someone else before the date of execution of the mortgage deed.