TARLOCHAN SINGH Vs. RATTAN KAUR AND ORS.

JUDGEMENT

(1.) This petition is against the order dated 11.08.2014 by which the application filed by the plaintiffs under Section 151 C.P.C. for police help has been allowed.

(2.) The brief facts of the case are that the plaintiffsrespondents filed a suit for permanent injunction alleging that they had purchased the land measuring 5 bighas 7 biswas comprised in khasra No.276min (5-7) and land measuring 8 bighas comprised in khasra Nos.274 (5-13), 275 min (2-7) situated in village Dhumma, Tehsil Rajpura, District Patiala vide registered sale deeds dated 25.01.1994 and 27.06.1999 from its previous owner Gurdev Singh son of Bhagwan Singh. It is also averred that earlier respondent Tarlochan Singh had filed a Suit No.406 dated 13.05.1994, which was dismissed on 25.09.2000 by the Court of the Civil Judge, Jr. Divn. Rajpura in which he had challenged the sale deeds dated 27.06.1989, 25.01.1994 and 12.12.1989 and the relief of permanent injunction was also declined. Earlier Gurnam Singh had also filed a civil suit regarding the suit land, which was dismissed and appeal was also dismissed. However, the defendant had obtained a wrong order dated 29.07.2011 from A.C. IInd Grade, Rajpura regarding correction of khasra girdawari of the suit land, which has been challenged in appeal. It was alleged that the plaintiffs are in cultivating possession of the suit land but the defendant is trying to dispossess them forcibly. They also filed an application for temporary injunction.

(3.) The claim of the petitioner was contested by the defendant by filing written statement alleging that the suit land is in his cultivating possession. It was also alleged that the plaintiffs might have purchased concerned land from other co-sharers but they cannot claim possession of specific khasra numbers till the same is partitioned by metes and bounds.