PARAMJIT KUMAR Vs. PREM KUMAR

JUDGEMENT

(1.) BY this common judgment both the revision petitions, namely, Civil Revision Nos. 2818 and 2845 of 2001 can conveniently be disposed of together as common questions of law and facts have been raised. The facts mentioned are from Civil Revision No. 2818 of 2001.

(2.) DEFENDANT -petitioners have filed this revision petition under Section 115 of the Code of Civil Procedure, 1908 (for brevity, the Code) by challenging the order dated 14.5.2001 passed by the Additional Civil Judge (Sr. Division), Phagwara. The Civil Judge has allowed the application of the plaintiff- respondent filed under Order XXXIX Rule 7 and Rule 18 of the Code directing the defendant-petitioners to deposit the sale proceed of the wheat crop in the Court subject to the condition that the defendant-petitioners would be entitled to the sale proceeds if after leading evidence, they would be able to prove that they have been in exclusive possession of the suit property.

(3.) I have heard Mr. Amarjit Markan, learned counsel for the defendant- petitioners, Mr. T.S. Chauhan, learned counsel for plaintiff-respondents 1 to 3, Mr. Ashwani Kumar, learned counsel for defendant-respondent No. 5 and with their assistance have perused the record.