BHARAT SINGH GULIA Vs. ANZAR KHAN

JUDGEMENT

(1.) AGREEMENT to sell dated 24.01.2011 [Annexure P/3] filed with CM No. 567 -CII of 2015 is taken on record. Application stands disposed of. Main Petition Alongwith a suit filed by respondent No.1 -plaintiff, for seeking a decree of declaration to the effect that he is owner in possession of the suit property, an application under Order XXXIX Rules 1 and 2 read with Section 151 of Code of Civil Procedure, 1908 was also appended for seeking ad interim injunction against defendants.

(2.) HEARING defendant No.1, petitioner herein, who had set -up an agreement to sell dated 24.1.2011 [Annexure P/3] in addition to Will and Power of Attorney of the same date from defendant No. 3 [respondent No. 3 herein] claiming ownership and possession over the suit property, the trial Court had rejected the said application finding no merit in the claim of defendant No.1, petitioner herein, vide order dated 20.11.2013. Even the first Appellate Court found no merit in the claim of the defendant No.1 [petitioner herein] vide order dated 11.11.2014.

(3.) BY way of the present revision petition, it is claimed that possession as also ownership of the suit property rests with the petitioner defendant. In the matter of injunction, to prove his prima facie case, reference has been made to the recital of agreement to sell dated 24.1.2011 [Annexure P/3] urging that both the Courts below have overlooked this document. Seeking setting aside of the impugned orders whereby the stay application has been dismissed, acceptance of the present petition has been sought.