RAM SINGH Vs. HIRA SINGH AND OTHERS

JUDGEMENT

(1.) In this revision petition filed under Article 227 of the Constitution of India, plaintiff Ram Singh has assailed order dated 16.01.2009 (Annexure P-3) passed by the trial court and judgment dated 13.01.2011 (Annexure P-5) passed by the lower appellate court, thereby declining temporary injunction to the plaintiff.

(2.) In the suit, the plaintiff has challenged sale deed dated 16.02.2006 allegedly executed by him in favour of defendants no.1 and 2 regarding the suit land. The plaintiff has alleged that he is aged 100 years and he was called to witness a document and the impugned sale deed is result of fraud and misrepresentation etc. and is, therefore, null and void. The plaintiff claimed that he continues to be in possession of the suit land, but the defendants threatened to take forcible possession thereof. Plaintiff, by moving application (Annexure P-2), has sought temporary injunction restraining the defendants from doing so till final disposal of the suit.

(3.) Defendants resisted the suit and application for temporary injunction and pleaded that defendants no.1 and 2 have purchased the suit land from the plaintiff vide registered sale deed dated 16.02.2006 for consideration of Rs.18,80,000/- and are owners in possession thereof and plaintiff is neither owner nor in possession of the suit land. Both the courts below have declined the temporary injunction to the plaintiff, who has, therefore, filed this revision petition to challenge orders of both the courts below.