SURINDER SINGH AND ANOTHER Vs. GINDORI AND OTHERS

JUDGEMENT

(1.) Defendant No.1 and 3 have filed the instant civil revision under Article 227 of the Constitution of India assailing order dated 11.04.2011 (Annexure P-3) passed by learned Additional Civil Judge (Senior Division), Rewari thereby dismissing petitioners' application Annexure P-2 for permission to sell part of the suit land to one Rakesh Kumar.

(2.) Respondents have filed suit seeking declaration that they are owners in possession of 4/11 share of the suit land being allottees and have become owners of the remaining 7/11 share of the suit land being occupancy tenants. Claim of the plaintiffs has been resisted by the defendants. Trial Court vide order dated 21.03.2009 Annexure P-1 passed on plaintiffs' application for temporary injunction restrained the defendants from interfering in possession of the plaintiffs and from ousting them from the suit property forcibly and illegally and also directed that if the defendants desired to alienate the suit property, they would seek prior permission of the Court and shall disclose the name of prospective vendee. Accordingly, defendants No.1 and 3/petitioners moved application Annexure P-2 seeking permission to sell 7/11 share of the suit land to Rakesh Kumar. The said application has been dismissed by learned trial Court vide impugned order Annexure P-3, which is under challenge in this revision petition.

(3.) I have heard learned counsel for the parties and perused the case file.