SHAM SINGH Vs. PREM CHAND AND ORS.

JUDGEMENT

(1.) THIS is a revision by Plaintiff against the appellate order of the Senior Subordinate Judge, Ambala maintaining the order of the trial Court refusing to grant temporary injunction restraining the Defendants from interfering with his possession during the pendency of the suit.

(2.) THE Petitioner filed a suit for injunction restraining the Defendants from interfering with his possession on the facts that as a result of agreement of sale, dated 26th December, 1974, he had been delivered possession of the agricultural land which was proposed to be sold to him on receipt of part of the sale consideration. It was further alleged that instead of selling the land to him the vendor -Defendant sold it to the remaining Defendants, who wanted to take possession from him on account of purchase by them. Along with the suit an application for temporary injunction was filed in which ex parte injunction was granted, but after notice to the opposite party, the same was vacated by the trial Court, - -vide order dated 10th June, 1977 on the findings that the Plaintiff has not been able to make out a prima jade case as neither the agreement of sale has been produced on the record nor he is shown in possession of the land in the revenue records whereas on the contrary the vendee -Defendants are shown in possession thereof and there was not a single girdawari entry in favour of the Plaintiff. The order of the trial Court, on appeal, was maintained by the Senior Subordinate Judge by a well written order, dated 12th June, 1978.

(3.) THE Petitioner himself filed an earlier suit for possession by specific performance of the land in dispute in this suit against the vendor and subsequent vendees, who are also Defendants in this suit. From a reading of acertified copy of the plaint of that suit