DINESH Vs. SATYAVIR

JUDGEMENT

(1.) DEFENDANT Dinesh has filed this revision petition under Article 227 of the Constitution of India impugning order dated 7.12.2012, Annexure P/1 passed by the trial court thereby granting temporary injunction in favour of respondent -plaintiff Satyavir Singh and assailing judgment dated 28.1.2013 Annexure P/2 passed by appellate court thereby dismissing appeal of defendant against order Annexure P/1. Case of the plaintiff is that he is owner in possession of the suit land measuring 8 kanals having purchased it vide sale deed dated 26.8.2009 from Birmati and Munish who had purchased the same from Om Pati vide sale deed dated 3.7.2008. The plaintiff has obtained necessary permission for installation of Motor Sprit/High Speed Diesel retail dealership outlet (in short, Petrol Pump) from Indian Oil Corporation and District Magistrate, but the defendant -petitioner without any right, title or interest in the suit land threatened to interfere in the possession of the plaintiff over the suit land and threatened to obstruct the installation of petrol pump therein. The plaintiff in the suit claimed permanent injunction restraining the defendant from doing so and by separate application, claimed temporary injunction to the same effect during pendency of the suit.

(2.) THE defendant -petitioner resisted the suit and the application for temporary injunction and also made counter claim alleging that he is adopted son of Ajit Singh since deceased and on his death, he inherited the suit land along with Om Pati widow of Ajit Singh and the suit land is coparcenary property and sale deed by Om Pati widow of Ajit Singh in favour of Birmati and Munish and sale deed by them in favour of plaintiff are mere paper transactions and not binding on the defendant.

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