TARSEM SINGH Vs. DIDAR SINGH AND ANOTHER

JUDGEMENT

(1.) The undisputed facts are that Sucha Singh has three sons, namely, Tarsem Singh, Didar Singh and Dilbagh Singh. Tarsem Singh appointed his father as his attorney vide registered power of attorney dated 10th March, as attorney on behalf of the son effected private with his other sons namely, Didar Singh and land w is allotted to Didar Singh and Dilbagh land comprised in Khasra Nos. 442, 444, 524 measuring 18 bighas was allotted to Tarsem Singh defendant. Mutation was entered and sanctioned on the basis of the private partition. The parties entered into possession of the respective area allotted to them in partition. Tarsem Singh is alleged to have revoked the power of attorney given to his father on 18th July. 1985 and gave intimation to the latter. The possession of the plaintiffs was threatened since Tarsem Singh asserted that the land was still the joint property of the parties, necessitating the filing of the present suit for a declaration that the plaintiffs were in possession of the suit land in pursuant to the private partition effected between the parties followed by attestation of mutation and delivery of possession. Along with the suit, they also filed an application under Order 39 Rules 1, and 2 of the Civil Procedure Code.

(2.) The trial judge dismissed the application but on appeal the order was reversed by the Appellate Court and it was directed that the parties Will maintain status quo regarding possession and no partition shall take place forcibly otherwise than in due course of law.

(3.) Tarsem Singh defendant has come up in revision petition against the order of the Appellate Court.