LAWS(P&H)-2003-4-194

SANDEEP AHUJA Vs. JOGINDER SINGH

Decided On April 30, 2003
SANDEEP AHUJA Appellant
V/S
JOGINDER SINGH Respondents

JUDGEMENT

(1.) This order shall dispose of Civil Revision Nos. 2327 and 2328 of 1994, as both the revision petitions arise out of the same suit challenging the same order.

(2.) Plaintiffs-respondents have filed a suit for permanent injunction along with an application for ad interim order for restraining the defendants from interfering in the lawful possession of the suit property. The stand of the plaintiffs-respondents was that the suit land was given to the plaintiffs by Manohar Lal son of Thakar Dass for running a buffalo dairy as tenants about six years ago and they are in possession of the same as tenants at the rate of Rs. 6000/- per annum. It was alleged that they have constructed shed for keeping the buffaloes, storing cow-dungs, wooden sticks and other implements etc. It was further alleged that Khurlies, four walls and Kotha for residential purpose have also been made by them. Plaintiffs claimed that the defendants have now threatened to oust them from the property forcibly and illegally and also to demolish their construction. The defendants contested the suit and denied the factum of leasing of the suit land by Manohar Lal at an annual rent of Rs. 6000/- for running a dairy. It was denied that defendants ever received any amount of lease money as alleged. After appreciating the documents filed by the parties, the learned trial Court passed the order restraining the defendants from interfering in peaceful possession of the suit land. Such order was also confirmed in appeal as well.

(3.) While issuing notice of motion on 1.6.1994, this Court granted status quo with regard to possession and after hearing the learned Counsel for the plaintiffs, status quo was ordered to be maintained on 25.1.1995.