LAWS(P&H)-1994-3-6

JANGIR SINGH Vs. SUBEG SINGH

Decided On March 24, 1994
JANGIR SINGH Appellant
V/S
SUBEG SINGH Respondents

JUDGEMENT

(1.) THIS revision is directed against the order dated June 8, 1993 passed in appeal on an application under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure.

(2.) JASBIR Singh and Subeg Singh filed a suit for permanent injunction in respect of agricultural land of Khata No. 30/49, Killa No. 45/1 (8-0) situated in village Rattan Khera, Tehsil Sunam restraining the defendants from interfering in their possession. Along with the suit, an application for grant of temporary injunction was also filed. This application was disposed by the trial Court by order dated December 8,1992 whereby ex parte order of status quo regarding possession granted earlier on October 20, 1992 was vacated. Appeal against the said order was, however, allowed, by the learned District Judge, Sangrur by order dated June 8, 1993. It is how the present revision came to be filed by the defendants.

(3.) I have given my thoughtful consideration to the matter and am of the view that ends of justice would be met if the parties, who are claiming their respective possession over the land in dispute, are ordered to maintain status quo as to possession during the pendency of the suit. This is particularly so when the revenue record in favour of the petitioners has been corrected during the pendency of the revision petition and the plaintiffs have not been able to show as to how the entries came to be incorporated in their favour in 1986. Even otherwise, by ordering status quo to be maintained, the parties will not suffer any loss and the balance of convenience will also be in favour of ordering the status quo till the disposal of the suit.