LAL SINGH Vs. CHAND SINGH

JUDGEMENT

(1.) Petitioners' counsel contends that the petitioners are the children of the sister of deceased Karam Singh, who died on August 12, 1984, leaving no other legal heir. The respondents are claiming ownership in the disputed suit-land on the basis of a Will purporting to have been executed by deceased Karam Singh in favour of Chand Singh, Respondent No. 1, on May 19, 1981 when they came to know that the respondents have got their names mutated in the revenue record on the basis of the said Will, they filed a petition for correction of the revenue entries. Their petition was allowed on August 30, 1985. According to them, the suit-land is in their possession. The respondents tried to forcibly dispossess them. Hence the petitioners filed petitions on November 8, 1993, before the S.D.M. and the S.H.O., but no action was taken. Finally on February 22, 1994, they filed a petition, on the basis of which proceedings under Section 145, Cr.P.C. were initiated and on March 31,1994, an order under Section 146, Cr.P.C. was passed, disputed land was attached and the Tehsildar, Samana, was appointed Receiver.

(2.) It is also an admitted fact that on January 13, 1994, respondent No. I filed Civil Suit No. 35 of 1994 against the petitioners and on that very day an ad interim injunction order was passed in his favour. It is also admitted at the Bar that respondent No. I has filed an appeal against the order of the Assistant Collector, 1st Grade, Samana, dated September 30, 1993, for correction of entries before the Collector, Patiala, who stayed the operation of the said order.

(3.) During arguments, Mr. R.K. Aggarwal, counsel for respondent No. 1, placed on record copy of the injunction order passed by the Additional Senior Subordinate Judge, Samana, in the aforesaid Civil Suit No. 35 of 1994 whereby he has specifically held that the plaintiff is in possession of the suit-land prima facie and hence the ex-parte ad interim injunction order passed on January 13, 1994, was confirmed and the defendants were restrained from interfering in his possession of the suit-land.