DEWAK RAM AND ANOTHER Vs. THAMBU AND OTHERS

JUDGEMENT

(1.) The present revision petition has been directed against the order dated 1.6.1991 passed by learned District Judge, Jind, whereby he modified the order of ad-interim injunction passed by the trial Court on 1.4.1991.

(2.) The petitioners filed a suit for declaration as well as injunction on the plea that plaintiffs and the proforma-defendants being proprietors of Thola Balu, have proportionate shares in the suit land. The plaintiffs claimed to be the owners in possession of land measuring 144 kanals 19 marlas, and 91 kanals 11 marlas in village Jaijaiwanti. They further claimed that the land measuring 113 kanals 1 marla shown as Maqbooza Malkan in the revenue record is in their possession and therefore, are entitled to hold the same being proprietors of Shamilat deh of Thola Balu; that defendants No.1 to 12 have no right to take forcible exclusive possession of the suit land. Along with the said suit, plaintiffs filed an application for ad-interim injunction restraining defendants No.1 to 12 from dispossessing the plaintiffs forcibly from the suit land, as well as alienating the same.

(3.) The suit as well as the application were contested by defendants No.1 to 12, who not only denied the averments in the plaint, but also claimed that they were in possession of the suit land. The trial court vide order dated 1.4.1991, granted injunction in favour of the plaintiffs. The defendants challenged the said order before the District Judge. The District Judge vide his order dated 1.6.1991, modified the order of the trial Court, and maintained the order restraining defendants from alienating the suit land, but fording defendants No.1 to 12 in possession, vacated the order of injunction restraining the defendants to dispossess the plaintiffs. This order has been impugned by the plaintiffs in the present civil revision.