SUNDRI DEVI Vs. SANTOSH

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India raising a challenge to the order dtd. 27/1/2022 passed by the Additional District Judge, Kurukshetra vide which the appeal filed by the respondents against the order passed on an application under Order 39 Rule 1 and 2 read with Sec. 151 of the C.P.C. for grant of ad-interim injunction has been allowed and the order dtd. 22/10/2021 passed by the Civil Judge (Junior Division), Kurukshetra has been set aside.

(2.) As per the facts involved in the instant case, Dharam Pal, the predecessor-in-interest of respondents-plaintiffs was recorded as owner in possession of the land measuring 08 kanal 06 marla out of total land comprising in khewat no.154, 155, 156 and 157 situated at village Doda Kheri, Tehsil Thanesar, District Kurukshetra. The ownership of said land was duly reflected in the jamabandi for the year 2016-17. It is contended in the said suit that the alleged predecessor being owner and co-sharer was in actual, physical and cultivating possession of the said land to the extent of his share. Unfortunately, Dharam Pal, the predecessor-in-interest of the respondents-plaintiffs died on 16/4/1998 leaving behind the respondents-plaintiffs as his only Class-I legal heirs. Upon death of Dharam Pal, respondent No.1 re-married with one Lachhman, resident of village Jalalaveeran, District Karnal and accordingly, the respondents-plaintiffs started residing at the said village. However, the ancestral property and household articles of the respondents-plaintiffs were also retained at village Doda Kheri, Tehsil Thanesar, District Kurukshetra.

(3.) It is further contended that for the management and cultivation of their agricultural land, the same was given under the lease agreement in favour of one Sham Lal son of Punna Ram resident of Village Rattan Dera, Tehsil Thanesar, District Kurukshetra (respondent No.4 herein) and he had remained in cultivating possession thereof. The suit for Permanent Injunction was accordingly instituted by the respondents-plaintiffs to protect their possession through the lessee and from being illegally and forcibly dispossessed from the land, which was in exclusive and cultivating possession of their predecessor-in-interest. Alongwith the suit, an application under Order 39 Rule 1 and 2 read with Sec. 151 of the C.P.C. was also filed. However, the same was dismissed vide order dtd. 22/10/2021 passed by Civil Judge (Junior Division), Kurukshetra. Aggrieved thereof, an appeal was filed before the Court of Addl. District Judge, Kurukshetra. Vide judgment dtd. 27/1/2022, the said appeal was allowed and the respondents-plaintiffs were restrained from interfering in the suit property and from destroying the crops standing therein.