SHRI KRISHAN Vs. RAMESH

JUDGEMENT

(1.) The petitioner has invoked the jurisdiction of this Court under Article 227 of the Constitution of India for setting aside the orders passed by the Courts below declining the prayer of ad interim injunction in terms of Order 39 Rules 1 and 2 of the Code of Civil Procedure (CPC) during pendency of suit. Parties to the suit are real brothers. Suit for permanent injunction was filed by the petitioner for restraining the defendant-respondent in interfering in the peaceful possession of the plaintiff-petitioner in respect of the constructed house shown red in colour and marked by letters ABCD in the site plan attached with the plaint and from alienating the property.

(2.) The suit property measures 1 Kanal 18 marlas comprising of khasra No. 107 as per jamabandi for the year 2006-07. It was stated that the joint land was partitioned 20 years ago and the portion shown red in colour has come to the share of petitioner. It was also stated that there are three other brothers of the parties who have also been given gair mumkin land and houses in the oral partition effected about 20 years ago.

(3.) The respondent denied that the petitioner was in exclusive possession of the property in question rather the petitioner was residing with his in-laws for about 20 years whereas the respondent had constructed his house from his own income 30 years ago. It was denied that any partition between the parties has ever taken place.