FAKHRUDDIN Vs. JAI KISHAN

JUDGEMENT

(1.) Suit for permanent injunction was filed by Jai Kishan, plaintiff-respondent (hereinafter called ' the plaintiff') against the defendants-petitioners (hereinafter called the 'defendants') restraining them from interfering with the actual physical possession of the plaintiff over the land bearing Khewat No. 215, Khatauni No. 360, Khasra No. 3/3/2/2, measuring 2 kanals 05 marlas situated in the revenue estate of village Ratoli.

(2.) Along with the suit, an application under Order 39, Rr. 1 and 2 read with Section l5l, C.P.C. was filed in which temporary injunction was sought against the defendants restraining them from interfering with the actual physical possession of the plaintiff over the land.

(3.) The defendants, in their reply to the stay application, stated that it was not the plaintiff but the defendants who were in actual physical possession of the land as tenants. It was stated by them that their father Nathu was the tenant of Jai Kishari, plaintiff and after his death they have inherited the tenancy right from their deceased father and they are still in physical actual cultivating possession of the suit land.