NEK DASS Vs. MOHAN LAL

JUDGEMENT

(1.) Petitioners have preferred this revision petition against the order dated 20.08.2018 passed by the Addl. Civil Judge (Sr. Divn.) Sunam allowing the application under Order 21 Rule 32 CPC for enforcement of decree against the petitioners for delivery of possession of the land in question.

(2.) Warrants of possession were issued vide the impugned order. Perusal of the record would show that a Civil Suit No.43 dated 14.06.2008 was filed by the plaintiff/respondent for permanent injunction. It was averred by the respondent that the suit property was purchased by him along with his brother from Bhola Dass, Gurmail Dass and Nek Dass. The defendants have no concern with the suit property. Restraint was sought qua interference by the defendants in the suit property. The suit was decreed vide judgment and decree dated 14.02.2012. A decree for permanent injunction was passed in favour of the plaintiff/respondent restraining the defendants/petitioners from interfering in the peaceful possession of the plaintiff and from dispossessing him from the suit property. The said judgment and decree was never assailed by the petitioners.

(3.) Thereafter another suit was filed by the respondent/decree holder and one M/s Verma Tranding Company for recovery and permanent injunction. Permanent injunction was sought qua alienation of the suit property. It could not be demonstrated as to how the petitioner could have alienated the property, when the respondent/decree holder had already claimed permanent injunction on the basis of his title based on sale deed from Bhola Dass, Gurmail Dass and Nek Dass.