DES RAJ Vs. VINOD KUMAR

JUDGEMENT

(1.) The petitioner filed a suit for permanent injunction restraining the respondents/defendants from dis-possessing him from the land mentioned in the head note-A and B of the plaint with a further prayer that the respondents/defendants should not alienate any portion of the above said property by way of sale, gift, mortgage or exchange. Along with the suit, an application for ad-interim injunction was also filed. Notice of the suit as well as of the application was given to the respondents/defendants.

(2.) Respondents/defendants appeared and contested the suit as well as the application and raised objections that the petitioner is estopped by his act and conduct from filing the suit; that the suit is not maintainable and that the petitioner has not come to the court with clean hands and has suppressed the material facts. It is also pleaded that the land has been partitioned between the parties and the property in dispute fell to the share of the respondents/defendants.

(3.) After hearing the learned counsel for the parties, the learned trial court dismissed the application of the petitioner qua the property mentioned in head note-A of the plaint and regarding property mentioned in head note-B, the parties were directed to maintain status-quo.