SMT. SHAKUNTLA RANI Vs. SHRI RAM KANWAR

JUDGEMENT

(1.) This civil revision has been directed against the order of the learned additional District Judge, Rohtak, who by allowing the appeal filed by the defendant, dismissed the application for grant of ad -interim injunction restraining the defendant from raising the wall in dispute.

(2.) Originally both the shops were owned by one Rizak Ram. Now plaintiff and defendant are owners of one shop each. The roof of both the shops rests on a wall which is claimed by the plaintiff to be exclusively owned by her. Apprehending that defendant may not demolish and reconstruct the wall, plaintiff filed a suit for mandatory injunction restraining defendant from doing so. Alongwith the suit, an application for ad -interim injunction was also filed which was contested by the defendant. Trial Court decided the application in favour of the plaintiff and granted ad -interim injunction. On appeal filed by the defendant, the Additional District Judge, after finding that the plaintiff has no prima facie case in her favour, vacated the injunction order. This order is being impugned by the plaintiff by way of this civil revision.

(3.) Counsel for the petitioner contended that in the sale deed dated 25,8,1971 the wall is shown to be exclusively owned by her and defendant is estopped from contending to the contrary because father of the defendant was one of the attesting witnesses to the sale deed.