PAMMI AND ANOTHER Vs. AMARJIT SINGH

JUDGEMENT

(1.) DEFENDANTS have filed this revision petition under Article 227 of the Constitution of India assailing judgment dated 01.08.2013 (Annexure P -6) passed by the lower appellate court. Respondent -plaintiff has filed suit for permanent injunction alleging that he and his family members are owners in possession of the three suit properties. Defendants have not made any claim regarding properties No. 1 and 2. The dispute is regarding property No. 3 only, besides street/common passage. The plaintiff claimed that his wife Lakhwinder Kaur purchased property No. 3 vide agreement to sell dated 16.08.2005 and came in possession thereof and on her death, the plaintiff and his son have inherited the said property from her and are owners in possession thereof. Defendants have no right, title or interest therein. The plaintiff claimed temporary injunction by moving application (Annexure P -1) seeking to restrain the defendants from encroaching upon any part of the disputed street/common passage and from interfering in peaceful possession of the plaintiff and his family members over the three suit properties and from dispossessing them forcibly and illegally therefrom and from causing any damage to wall of property No. 3, during pendency of the suit.

(2.) THE defendants resisted the suit and application for temporary injunction and pleaded that property No. 3 was gifted to dargaah of Peer Baba and defendants are only members of Managing Committee of the said dargaah, which is in possession of property No. 3. Defendants also pleaded that there was no alleged Will of property No. 3.

(3.) I have heard counsel for the petitioners and perused the case file.