SANJAY (MINOR) Vs. KRISHAN LAL

JUDGEMENT

(1.) This revision is directed against the order of learned District Judge, Hisar, dated January 2, 1991, whereby an appeal preferred by the respondent against an interim order dated September 12, 1990 partly declining his prayer for stay, has been allowed.

(2.) Krishan Lal, respondent was the owner of a piece of an agricultural land. He suffered a decree in favour of Sanjay, his brother's son. Sanjay had filed a suit claiming the suit land on the ground of family settlement, on April 6, 1990. The suit was decreed on April 19, 1990 after the defendant therein i.e. Krishan Lal filed a written statement and made statement in Court admitting his claim. Krishan Lal filed a suit for declaration on August 3, 1990, for declaration to the effect that decree dated April 19, 1990 was null and void being the outcome to fraud played upon him. Along with the suit, he made an application under Order 39 Rules 1 and 2 read with Section 151 of the Code of civil Procedure for restraining the defendants, the present petitioner, from alienating the suit land and from interfering in his possession. The trial Court by order dated September 12, 1990 declined the prayer of the plaintiff with regard to dispossession in view of the admission made by him in the earlier suit. It, however, granted the other prayer of the plaintiff that the defendants shall not alienate the suit property during the pendency of the suit. Aggrieved by this order, Krishan Lal plaintiff filed an appeal which was allowed by the learned District Judge by order dated January 2, 1991. Learned District Judge while allowing appeal observed that the plaintiff-respondent had prima facie case for the purpose of injunction. He consequently ordered that balance of convenience lay in favour of the respondent to continue with the possession of the land.

(3.) While issuing notice of motion, an order of status quo with regard to possession was passed. However, on a later date, operation of the impugned order i.e. the order passed by the learned District Judge was stayed.