JASPAL SINGH Vs. ASHWANI DHALLA

JUDGEMENT

(1.) A suit for seeking decree of permanent injunction restraining the defendants from interfering in the peaceful possession of the plaintiff Jaspal Singh [petitioner herein] over the house in dispute is pending adjudication against defendants Ashwani Dhalla and two others [respondents No.1 to 3 herein] in the court of Civil Judge [Junior Division], Jalandhar. While filing the suit on 2.1.2013, plaintiff Jaspal Singh [petitioner herein] had also made an application under Order XXXIX Rules I & 2 CPC for restraining the defendants from interference in his possession over the house in dispute.

(2.) THIS application was allowed vide order dated 5.7.2013 of the Court below. On appeal preferred by two of the defendants against order dated 5.7.2013, reversing the said order on 9.1.2015, Additional District Judge, Jalandhar had dismissed the application under Order XXXIX Rules I and 2 read with Section 151 CPC of the plaintiff -petitioner herein. It is against this order that the present revision petition has been filed by the petitioner -plaintiff.

(3.) IT is claimed that when the petitioner -plaintiff is in possession as a tenant under Janpal Singh, defendant No.3, [respondent No. 3 herein] vide rent agreement dated 10.12.2004, he has a right to protect his possession. It is claimed that the appellant Court has not been taken the facts and circumstances in true perspective. Averring that the lower Appellate Court has completely over -looked and ignored the overwhelming documentary evidence showing possession of the petitioner, prayer for reversal of the impugned order and acceptance of this petition is made.