NAGAR MAL Vs. RAM SARAN

JUDGEMENT

(1.) This revision petition filed under Sec. 115 of the Code of Civil Procedure (for brevity to be referred as the Code) is directed against the order dated 26.11.2001 passed by the Additional District Judge, Sirsa dismissing the appeal of the plaintiff -petitioner wherein an order dated 19.9.2001 issued by the Civil Judge (Junior Division), Sirsa was challenged. The Civil Judge vide her order dated 19.9.2001 has dismissed the application of the plaintiff -petitioner filed under order 39 Rule 1 and 2 read with Sec. 151 of the Code.

(2.) Brief facts of the case, which led to the filing of the present revision petition may firstly be noticed. The plaintiff -petitioner has filed a suit for permanent injunction restraining the defendant -respondent from interfering in his possession over the suit property which is described in detail in the head note of the plaint. The averments made in the suit show that the plaintiff -petitioner has based his claim principally on an agreement to sell dated 6.5.1986 executed in his favour by one Gori Shankar the predecessor -in -interest of the defendant -respondents. Alongwith the suit, an application for ad -interim injunction under Order 39 Rules 1 and 2 read with Sec. 151 of the Code has also been filed. The application has been dismissed by both the Courts below and feeling aggrieved, the plaintiff -petitioner has approached this Court by way of this revision petition.

(3.) The Additional District Judge, has dismissed the application of the plaintiff -petitioner giving the following three reasons: -