KARNAIL SINGH Vs. BIRAM DASS AND OTHERS

JUDGEMENT

(1.) Civil Judge, (Junior Division), Nabha, vide order dated 2.11.2010 declined to grant interim injunction to the petitioner/plaintiff (hereinafter referred to as 'the plaintiff') against the respondents from interfering in his (plaintiff's) possession. The first appellate court concurred with the view taken by the trial court and dismissed the appeal preferred by the petitioner, vide order dated 27.7.2011.

(2.) The factual background of the case is that the plaintiff had filed a suit for injunction with the allegations that earlier Ghumman Singh was in possession of the suit land being owner, who had derived the title from Sarju Singh, through oral sale for a sum of Rs. 99/- in the year 1940-41 and entered into possession over the suit land, pursuant to the said sale. It was further averred that on the death of Ghumman Singh, the plaintiff stepped into his shoes, therefore, he is now in possession of the suit property for the last more than 35 years.

(3.) Alongwith the suit, an application under Order 39 Rules 1 and 2 CPC for interim injunction on the same grounds was also filed.