RAJ KUMAR Vs. SMT. HOSHIYARI DEVI AND OTHERS

JUDGEMENT

(1.) This petition is filed to challenge orders dated 24.04.2014 and 19.05.2014 passed by the Trial Court and the Appellate Court respectively dismissing the application filed by the petitioner for temporary injunction.

(2.) In brief, the petitioner filed a suit for permanent injunction and mandatory injunction on the ground that he is owner in possession of the land measuring 1 Bigha 13 Biswa and 10 Biswansi comprised in Khewat No.2/1 min, Khatauni No.21 min, Khasra No.15503/2719, situated in the revenue estate of village Gurgaon, Tehsil and District Gurgaon. It is alleged that the respondents were earlier co-owners/co-sharers in the aforesaid land, but after partition between the petitioner and the respondents, whereupon mutation no.14679 in respect of the suit land was sanctioned, two separate khewats were carved out. The respondents were allotted Khasra No.15502/2719/1, who sold their share except a plot of 150 sq. yards. A private colony was carved out in the suit land and 43 sale deeds were executed of various shares out of the said khasra number. It is alleged that after the colony was carved out, some land was left out for passage which is reflected in the joint name of the parties and taking advantage of the said fact that the suit land is still in joint possession, the respondents wanted to execute the sale deed of the property in question. The petitioner thus filed the suit in which the Civil Court appointed the Kanungo as the Local Commissioner and directed him to submit the report of the suit land. It is alleged that in the report, it is clearly mentioned that the respondents are in unauthorized possession of the suit land to the extent of 513 sq. yards.

(3.) The Trial Court dismissed the application for temporary injunction with the following observations:-