LAWS(P&H)-2002-11-104

BELA SINGH Vs. GURCHARAN SINGH

Decided On November 01, 2002
BELA SINGH Appellant
V/S
GURCHARAN SINGH Respondents

JUDGEMENT

(1.) THE present competent petition has been filed by Bela Singh alleging therein that respondent No. 1 Gurcharan Singh entered into an agreement to sell agricultural land measuring 19 bighas 1 biswas on 16.1.1989. Since respondent No. 1 failed to execute the sale deed, he filed a suit for specific performance on 2.6.1993 along with application under Order 39 rules 1 and 2 of the Code of Civil Procedure seeking ad-interim injunction restraining respondent No. 1 from alienating and dispossessing the petitioner from the suit land. The trial Court confirmed the order of status quo on 14.9.1993 after respondent No. 1 filed written statement.

(2.) SUBSEQUENTLY , the respondents-father and son filed a suit for permanent injunction on 27.9.1993 along with an application for ad-interim injunction restraining the present petitioner from dispossessing or disturbing the possession of the suit land. However, the ad-interim injunction order was granted by the Court. By virtue of ad-interim injunction. The present petitioner was restrained from dispossessing the respondents from the suit land but it was also mentioned in the order that it will not affect any action taken in due course of law or as per the order of any authority competent under law. The grievance of the petitioner is that the respondents have not disclosed the filing of the previous suit as well as the order passed by the Court and thus they have abused the process of law.

(3.) WE have heard the counsel for the parties and with their assistance have gone through the record of the case.