RAJ KAPOOR Vs. JAIPAL AND OTHERS

JUDGEMENT

(1.) In this civil revision petition, order dated 18.7.2011 (Annexure P-1) passed by the Additional Civil Judge (Senior Division), Bahadurgarh whereby an application under Order 39 Rules 1 and 2 CPC was dismissed and order dated 30.5.2013 (Annexure P-2) passed by the District Judge, Jhajjar dismissing the appeal, are under challenge.

(2.) In a suit preferred by the plaintiffs seeking possession by way of partition of land measuring 1 Bigha 17 Biswas, a preliminary decree was passed on 3.12.1990 and thereafter, final decree dated 11.8.1994 had followed pursuant to report of the Local Commissioner wherein Khasra No.2473/1 measuring 6 Biswas i.e. 900 Sq. yards had come to the share of the plaintiffs, interalia Khasra No.2473/2 had fallen to the share of the contesting defendants.

(3.) Claiming themselves to be owners in possession of Khasra No.2473/1 and depicting suit land with letters ABCD in the site plan, injunction had been sought against the defendants for not to interfere in possession of the plaintiffs. This suit was instituted on 16.7.2011. Plea of the plaintiffs that they are in possession of the suit land and had prima-facie case as also balance of convenience in their favour, did not impress both the courts below. It was prima-facie found that even though Khasra No.2473/1 was allotted to the plaintiffs in the earlier partition proceedings but neither the same was in their possession nor the plaintiffs were owners of any land because they had already sold more than their share in the joint land and thus, had been left with no right, title or interest in the land.