SHEELAM SOHI Vs. DHARAM SINGH

JUDGEMENT

(1.) THIS order shall dispose of two appeals bearing RSA No.2773 of 2011 arising out of Civil Suit No.79 of 2004 titled as "Sunehra and others v. Smt. Sheelam Sohi and others" and RSA No.2772 of 2011 arising out of Civil Suit No.80 of 2004 titled as "Dharam Singh and others v. Smt. Sheelam Sohi and others". Both the appeals have been filed by Sheelam Sohi, arrayed as defendant no.1 in both the suits, filed for permanent injunction.

(2.) THE appellant had filed counter -claim as well but in both the cases, the suit filed by the plaintiffs was decreed and the counter -claim was dismissed. The appeals filed by the present appellants before the lower Appellate Court were also dismissed in both the cases.

(3.) IN Civil Suit No.79 of 2004, the plaintiffs have alleged that they had executed an agreement to sell on 02.05.1990 in favour of defendant no.1 and received Rs. 3,000/ - as earnest money. The sale deed was to be executed on or before 01.05.1991 on the payment of balance sale consideration but defendant no.1 neither paid the balance sale consideration nor got the sale deed executed and registered as per terms and conditions of the agreement. As a result, the agreement dated 02.05.1990 fell through and they remained in possession of the land in dispute as owners but the defendants started asserting their right in the property in question and since the plaintiffs were apprehending that they may be dispossessed from the land in question with the help of police with intent to excavate sand, bajri, boulders and stones etc., therefore, they prayed for injunction to restrain them.