JAI SINGH AND ORS. Vs. SMT. BHANTI

JUDGEMENT

(1.) THIS is a revision petition directed against the order dated 6th February, 2002 passed by the Additional District Judge, Hisar dismissing the appeal of the plaintiff -petitioners which was directed against the order dated 13th December, 2001 passed by the Additional Civil Judge (Senior Division), Hansi. The Additional Civil Judge vide his order dated 13th December, 2001 has dismissed the application of the plaintiff -petitioner filed under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (for brevity, 'the Code').

(2.) BRIEF facts of the case necessary for deciding the controversy raised in this petition are that the plaintiff -petitioners filed a suit for declaration with consequential relief of permanent injunction against the defendant -respondent alleging that they are owner of the suit land as detailed in the head note of the plaint. The basis of this assertion was that they became owner in possession of the suit land by way of release deed No. 716 dated 9th June, 2000. It was further asserted that the proceedings initiated by them for partition of the suit land before the Assistant Collector llnd Grade where the question of title has also been raised were without jurisdiction, illegal, void ab -initio. Further assertion was made that the defendant -respondent was bent upon to dispossess the plaintiff -petitioners from the suit land. Alongwith the suit and application under Order XXXIX Rule 1 and 2 read with Section 151 of the Code was also filed praying for stay of dispossession of the plaintiff -petitioners.

(3.) I have heard Sh. N.S. Panwar, learned counsel for the plaintiff -petitioners and Sh. Ashok Kumar Verma, Advocate for the defendant -respondent and have perused the record with their assistance.