RAMA NAND AND ANR. Vs. HUKAM SINGH

JUDGEMENT

(1.) THIS revision -petition is directed against the judgment dated 15.09.2004, rendered by the Court of Additional District Judge (II), Bhiwani, vide which it accepted the appeal against the order dated 05.12.2003, rendered by the Court of Civil Judge (Junior Division), Charkhi Dadri and allowed the application under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, for the grant of ad interim injunction.

(2.) THE plaintiff (now respondent) claimed himself to be in possession of the suit land measuring 23 kanals 6 marlas, as fully detailed in the plaint. It was stated that the defendants (now appellants) threatened to dispossess him forcibly and illegally from the land, in dispute. The defendants were many a time, asked not to do so, but to no avail. Ultimately, a suit for permanent injunction was filed.

(3.) IN reply, to the application, the defendants averred that they were the owners in possession of the land comprising killa Nos.68//2, 3, 4/2, 9 and 12/1. It was stated that there was a common passage, in existence of 3 karams in width, situated on the southern side of killa No. 68//5/2 and on the northern side of killa No. 68/6 of the land of the parties, which was provided, during the course of consolidation. It was further stated that, under these circumstances, the plaintiff could not be said to be in possession of the passage.