LAWS(P&H)-1996-4-33

BALWANT RAI SOOD Vs. SUBHASH CHANDER

Decided On April 11, 1996
BALWANT RAI SOOD Appellant
V/S
SUBHASH CHANDER Respondents

JUDGEMENT

(1.) THESE revision petitions have been filed by the plaintiff-petitioners against the order dated 8th April, 1995 passed by the Additional District Judge, Jalandhar, dismissing the two appeals filed by them against the orders dated 27th October, 1993 and 2nd January, 1994 passed by the Sub Judge, Phillaur, dismissing two applications filed by the plaintiff-petitioners under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure.

(2.) THE plaintiff petitioners have filed two suits one for permanent injunction and the other for declaration with consequential relief of permanent injunction and both these suits are pending in the Court of Sub Judge, Phillaur. Along with the plaints, the plaintiffs-petitioners filed applications under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure for restraining the defendants-respondents from dispossessing them (petitioners) from the property in dispute.

(3.) IN their reply, defendants-respondents 1 and 2 pleaded that the property No. B-VIII/124 is owned by several persons including Murari Lal, Khusbhakat Rai, Bimla Devi, Hakikat Rai, Des Raj and Fateh Chand etc. and that they have purchased separate portions of the property from S/shri Murari Lal (1/3rd of his share), Khusbhakat Rai, Hakikat Ram, Des Raj, Fateh Chand, Smt. Bimla Devi and Smt. Kaushalya Wati by separate registered sale deeds and these persons handed over possession of their respective shares to defendants 1 and 2. It has also been pleaded by defendants 1 and 2 that the plaintiffs did not have any right, title or interest over the property in dispute.