MOTA SINGH Vs. SUKHDEV SINGH

JUDGEMENT

(1.) This revision petition has been filed by Mota Singh and another against the order of the Subordinate Judge Ist Class, Nabha, dated 18th September, 1985.

(2.) Briefly the facts are that Sukhdev Singh (respondent in the revision petition) filed a suit titled as Sukhdev v. Mota Singh' for permanent injunction against Mota Singh restraining him from alienating the land in dispute on the ground that the latter had entered into an agreement with him for its sale. It was alleged that the necessity to institute the suit for injunction arose as the date prescribed in the agreement for execution of the sale deed had not reached. In the suit he also filed an application under Order 39 Rules 1 and 2 Code of Civil Procedure (hereinafter referred to as the Code) for granting ad-interim injunction that the said Mota Singh should not alienate the property till the disposal of the suit. The trial Court granted the ad-interim injunction as prayed for vide order dated 7th November, 1981. Thereafter Mota Singh transferred the land to Gursharan Singh (now petitioner No. 2 in the revision petition) sometime in February 1982. On 10th June, 1982 Sukhdev Singh respondent filed an application under Order 39 Rule 2-A of the Code for initiating contempt proceedings against Mota Singh and Gursharan Singh petitioners on the ground that Mota Singh had transferred the property in spite of the injunction order, in favour of Gursharan Singh. The suit was dismissed as withdrawn on 24th January, 1983.

(3.) It is contended by Mr. Singla that after the first suit of Sukhdev Singh respondent had been dismissed the ad-interim injunction issued by the trial Court automatically came to an end and consequently no action can be taken against the petitioner for the breach committed by petitioner No. 1 by alienating the property during the continuance of the ad-interim injunction. In support of his contention he places reliance on a Division Bench judgment of this Court in Sheo Kumar Saxena v. Zila Sahkari Vikas Sangh, Gonda, 1983 AIR(All) 180 and Rachhpal Singh v. Gurdarshan Singh, 1985 87 PunLR 204.