ASHOK KUMAR Vs. RAVINDER KUMAR AND OTHERS

JUDGEMENT

(1.) The present revision petition has been preferred by the petitioner-plaintiff against the judgment dated 02.05.2016 passed by the learned Additional District Judge, Rewari vide which the miscellaneous civil appeal filed by respondents No.1 & 2-defendants has been allowed and the application for grant of temporary injunction under Order 39 Rules 1 & 2 read with Section 151 of the Code of Civil Procedure, 1908 (for short the 'CPC') has been dismissed.

(2.) The petitioner-plaintiff has filed the suit for declaration with consequential relief of permanent injunction on the grounds inter alia that Matadin and Patram defendants-respondents No.5 & 6 have never gifted the suit property in favour of Kalawati. He has challenged the registered gift deed No.488 dated 13.05.2002 allegedly executed by Matadin and Patram in favour of Kalawati on the ground that the donors never intended to gift the suit property in her favour and actually they wanted to execute the gift deed in favour of the plaintiff. Said Kalawati was not present on the date of execution and registration of the gift deed, rather the plaintiff had appeared, so he continued to be the owner in possession of the suit land. Hence, the suit and application for grant of ad interim injunction on the similar lines.

(3.) The suit as well as stay application have been contested by respondents No.1 to 4 on the grounds inter alia that the gift deed executed in favour of their mother was legal and valid and they are owners in possession of the suit property. The mutation of inheritance of their deceased mother Kalawati has been rightly sanctioned in their favour. All other pleas raised in the plaint have been controverted.