SARABJIT PAUL SINGH Vs. DEVKI NANDAN

JUDGEMENT

(1.) This revision is directed against the Order dtd. 3/5/2024 (Annexure P-l) passed in Civil Misc. Appeal, as well as the Order dtd. 5/1/2023 (Annexure P-2), passed by learned trial Court, dismissing the application for grant of interim-injunction, filed under Order 39 Rule 1 and 2, CPC in a Civil Suit No.284 of 2021 titled 'Sarabjit Paul Singh vs. Devki Nandan and others'.

(2.) Learned counsel for the petitioner, submits that the petitioner instituted a civil suit (Annexure P-3) for declaration to the effect that he has become the owner in possession by way of adverse possession of the suit property, as detailed in the plaint and correction of revenue entries in his name by deleting the names of respondents No.1 to 4 and ignoring the sale deed executed by respondent No.3 and 4 in favour of respondent No.1 and 2 and equitable mortgage deed dtd. 21/5/2018 executed by respondents No.1 and 2 in favour of respondent No.5-Bank, with consequential relief of permanent injunction. Along with the suit, also filed an application (Annexure P-4) under Order 39 Rule 1 and 2 CPC read with Sec. 151 CPC, seeking to restrain the respondents (defendants before the learned trial Court) from interfering in his lawful and peaceful possession over the suit property during the pendency of the suit.

(3.) Learned counsel argues that the respondents No.1 and 2 by filing a written statement and counter claim for possession of the suit property, implicitly acknowledges the petitioner's possession on the suit property. The learned counsel contends that learned Courts below arbitrarily rejected the petitioner's claim without considering the factual circumstances. The Courts based their decisions on the premise that an injunction cannot be granted against the true owner and that plea of adverse possession can be used only as a defence, not as a claim. This stance directly contradicts the observations made by Hon'ble the Apex Court in 'Ravinder Kaur Grewal and others vs. Manjit Kaur and others' 2019 (8) SCC 729.