DEVENDER Vs. KOMAL

JUDGEMENT

(1.) This appeal is directed against the judgment passed by Ld. Additional District Judge, Jhajjar in Civil Appeal No.RBT 222 of 2013 dated 21.12.2013.

(2.) Vide the impugned judgment, the Ld. Lower Appellate Court had virtually dismissed an appeal filed on behalf of the present appellant, who was Defendant No.1 in Civil Appeal No.RBT 821 of 2006, in which the Respondents/Plaintiffs had sought a declaration to the effect that a Sale Deed executed by their mother Smt. Satbiro (Defendant No.2) in favour of Defendant No.1 was null and void inasmuch as the Plaintiffs/Respondents were equal co-sharers alongwith her, since the land in question had devolved upon all of them equally after the death of Rattan Singh, father of the Respondents and husband of their mother Satbiro.

(3.) The Suit was decreed in part by Ld. Trial Court. The impugned Sale Deed executed in favour of the Appellant/Defendant No.1 was held to be illegal. Nevertheless, the relief for permanent injunction to restrain the said Defendant from interfering with the alleged possession of the Plaintiffs/Respondents was denied as the Ld. Trial Court was of the view that the evidence on record indicated that the Plaintiffs were not in actual physical possession of the disputed land, and so no injunction could be granted in their favour to protect their alleged possession.