DARSHAN SINGH Vs. SADHA SINGH

JUDGEMENT

(1.) This is a revision petition directed against the order dated 24.2.1981 passed by the Distt. Judge, Patiala on appeal filed by the respondent-defendant against the order dated 6.12.1981, which was passed by the Sub Judge, 2nd Class. Patiala. The appeal has been allowed and the order of the Sub-Judge, 2nd Class dated 6.1.1981 has been reversed. It is pertinent to mention that the Sub Judge, 2nd Class, Patiala has held that the respondents had violated the interim order dated 17.11.1975 passed by it directing the parties to maintain statusquo regarding possession of the land in dispute. The respondents were found guilty and were sentenced to civil imprisonment for a period of three months each.

(2.) The petitioner-plaintiff filed a suit for possession of one half of the land in dispute alleging that they used to serve Fateh Singh and in lieu of the services rendered by them to Fateh Singh, he executed a valid will in their favour on 4.8.1966 and the respondent-defendants No. 1 and 2 had no concern with the suit land. The averments made by the petitioner-plaintiff were controverted and it was asserted that the petitioner-plaintiff had no right to claim possession of th suit land from the defendants. The suit of the plaintiff-petitioner failed and vide judgment and decree dated 5.9.1980, the suit was dismissed. Even the appeal filed by the petitioner-plaintiff has failed on 26.7.1983.

(3.) It was during the pendency of the suit before the Sub Judge, 2nd Class, Patiata, that an interim order was passed on 17.11.1975 and respondent-defendants were found guilty and violating the same vide order dated 6.1.1981. On appeal, the order passed by the Sub Judge, 2nd Class, Patiala, and finding and sentence has been quashed while accepting the appeal. This revision petition is directed against the order setting-aside the sentence and finding of guilty passed by the Distt. Judge, Patiala.