SUKHRAJ SINGH Vs. MOHINDER SINGH

JUDGEMENT

(1.) The present revision petition has been preferred by the defendant No.1-petitioner against the impugned order dtd. 21/8/2018 passed by the Additional Civil Judge (Senior Division), Mansa whereby additional issues have been framed by the Trial Court.

(2.) The brief facts relevant to the present lis are that the plaintiffrespondents herein filed a suit for permanent injunction to the effect that they are in possession as gair marusi on land measuring 67 kanals 4 marlas fully described in the plaint as per the jamabandi for year 2009- 2010 situated at Hamirgarh Dhaipi, Tehsil Bhikhi, District Mansa and that the defendants had no right to interfere in the possession of the plaintiff- respondents and that the defendants be restrained from interfering in the possession of plaintiff-respondents. After the plaintiff-respondents had concluded their evidence and the evidence of the defendants had started, an application was filed by the plaintiff-respondents for framing additional issues with regard to the pleas taken by the defendant No.1 in his written statement regarding execution of a transfer deed dtd. 3/3/2016 in favour of one Gurdial Singh and regarding sale deed dtd. 10/5/2016 executed by the said Gurdial Singh in favour of the defendants. The application was contested by the defendants and a reply was filed by defendant No.2. Vide the impugned order dtd. 21/8/2018 the following additional issues were framed by the Trial Court :

(3.) Aggrieved by the said order passed by the Trial Court the present revision petition has been filed by the defendant No.1-petitioner. The defendant No.1-petitioner relying on the judgment of the Supreme Court in the case of Anathula Sudhakar vs P. Buchi Reddy (Dead) by LRs & Ors. [2008 (2) RCR 879] has contended that in a suit for permanent injunction the issue of title cannot be gone into. The learned counsel has further contended that in case the plaintiff-respondents seek to challenge the sale deed and the transfer deed, a suit for declaration would necessarily have to be filed and the issue of title cannot be gone into in a suit for simpliciter injunction.