GURDEV SINGH Vs. CHHAJJU SINGH AND ANR

JUDGEMENT

(1.) This case has been passed over since morning but none has turned up on behalf of respondent No.1. This is a revision petition filed by the defendants-petitioners against order dated 25.09.2013 passed by District Judge, Barnala vide which the order dated 22.04.2013 passed by Additional Civil Judge (Senior Division) Barnala has been confirmed. Plaintiff-respondent filed suit for permanent injunction in which application under Order 39 Rule 1 and 2 CPC has also been filed. Restraint order has been sought against the defendants that they may be restrained from taking forcible and illegal possession of the suit land. The application has been contested by the defendants-petitioners on the ground that he is in possession of the area measuring 3 kanal bearing khasra no.91//18/1/2(2- 13) and 91//18/2(0-7) owned and possessed by the defendant by virtue of order dated 25.12.1959 passed by Consolidation Officer and mutation to that effect was also sanctioned in his favour which was duly incorporated in the revenue record.

(2.) Trial Court while observing in the context of order dated 25.12.1959 passed by Consolidation Officer has observed that no doubt there is some order of revenue court regarding correction of ownership of the property, but at this stage Court has to see whether the applicant is in possession over the suit property or not. Trial Court also observed that in view of khasra girdawaris and demarcation report and even from the revenue record viz. jamabandi, applicant-plaintiff is prima facie proved to be in possession of suit property and on that premise proceeded to grant temporary injunction in favour of applicant-plaintiff thereby restraining the defendant from taking forcible and illegal possession of the suit property and from interfering in possession of the plaintiff till final disposal of the suit.

(3.) Feeling aggrieved from the aforesaid order, defendants-petitioners ventured to file Civil Misc. Appeal before the District Judge Barnala. Lower Appellate Court while deciding the Civil Misc. Appeal has observed that the plaintiff has purchased 13 kanals of land in khasra No.91/22(1-16), 18(5-0) and 22/2(6-4) from one Jangir Singh and he is in possession of the same.