DEVINDER SINGH Vs. DARSHAN SINGH

JUDGEMENT

(1.) BY way of present revision petition the challenge is to the orders passed by the learned Courts below under Order 39 Rules 1 and 2 of the Code of Civil Procedure vide which the defendant-petitioner was restrained from alienating the suit property beyond his share and was also restrained from changing any specific portion of the suit property in any manner during the pendency of the suit. He was further restrained from parting with possession of suit property beyond his share. He was also restrained from changing the nature/character of the suit property during the pendency of the suit. However, he was permitted to put his share to commercial or agricultural use as a prudent man can do, but he can do so provided it does not affect the nature/character of the suit property.

(2.) THE case set up by the plaintiff-respondent was that he along with defendant-petitioner and Hardip Singh were owners of the suit property in equal shares. The property detailed in headnotes (a) to (c) was agricultural land while property detailed in head note (d) was residential house.

(3.) THE application was contested by the defendant-petitioner herein on the ground that there was no cause of action in the suit and the plaintiff- respondent had no locus standi to file the suit. Its maintainability was also challenged. It was claimed that the plaintiff-respondent had concealed the material facts.