AMARJIT KAUR Vs. BIKRAM SINGH AND ANOTHER

JUDGEMENT

(1.) The present revision petition has been preferred against the order dated 10.09.2015 passed by the learned Additional Civil Judge (Junior Division), Batala whereby the application filed by plaintiffrespondent No.1 Bikramjit Singh for ad interim injunction under Order 39 Rules 1 & 2 of the Code of Civil Procedure, 1908 (hereinafter called the 'CPC') has been allowed and the order dated 10.12.2015 passed by the learned Appellate Court, whereby the aforesaid order has been affirmed.

(2.) Plaintiff-Respondent No.1 filed the suit for permanent injunction on the grounds inter alia that he along with the other legal heirs of Ajaib Singh is in actual physical cultivating possession of the land in dispute as co-sharers; that defendants have no right, title or interest in the suit land; and that they never came in possession thereof. They have threatened to interfere in the peaceful, exclusive and cultivating possession of the plaintiff-respondent No.1 illegally and forcibly. Hence, the suit along with application for ad interim injunction.

(3.) The petitioner-defendant No.2 along with defendant No.1 contested the suit on the plea that the plaintiff never came in possession of the suit property in any manner as alleged by him; that petitionerdefendant No.2 has purchased the suit land from Sulakhan Singh and since then, she is in actual physical and continuous cultivating exclusive possession over the suit land. The Khasra Girdawari entries are also in her favour. With these pleas, prayer for dismissal of the application for ad interim injunction was made.