TARLOCHAN SINGH Vs. BHAJAN SINGH

JUDGEMENT

(1.) This revision petition has been filed by the plaintiff-petitioner (hereinafter referred to as the petitioner). Petitioner is the son of defendant-respondent No. 1 (Bhajan Singh (hereinafter referred to as respondent No. 1).

(2.) The suit has been filed for declaration that the house in dispute is the joint Hindu Family property of the petitioner and defendant-respondent No. 1 alongwith other coparceners who have been arrayed as respondent Nos. 2 to 6. An injunction is also sought for restraining respondent No. 1 from either alienating the property and dispossessing the petitioner from the property in dispute. Petitioner claimed himself to be in the exclusive possession of the property in dispute.

(3.) An application under Order 39 Rules 1 and 2 for temporary injunction was filed wherein a prayer was made that respondents be restrained from alienating the property in dispute and dispossessing the petitioner from the house in dispute during the pendency of the suit. Both the Courts below have dismissed the said application. Petitioner has filed the present revision petition. Both the Courts have found that the father-respondent No. 1 purchased the site on which the house was constructed on 19.11.1971; that father respondent No. 1 was in possession of the property alongwith other co-parceners including the petitioner. In Sunil Kumar v. Ram Parkash, 1988 94 PunLR 159 Supreme Court while affirming judgment of this Court held that no suit for permanent injunction restraining the Manager or Karta from alienating the house property belonging to Joint Hindu Family is maintainable. So, the first relief regarding restraining the respondent No. 1 from alienating the property cannot be granted. Regarding possession, Courts below have found that the petitioner is not in exclusive possession of the house in dispute. Under the circumstances, no injunction restraining the respondents from dispossessing the petitioner from house in dispute can at this stage be granted. While considering an application under Order 39 Rules 1 and 2 C.P.C. three things have to be established before a temporary injunction prayed for can be granted: