SANDEEP KUMAR Vs. MOHAN LAL

JUDGEMENT

(1.) This is a revision petition by the plaintiff against the order dated July 23, 1999 passed by the Additional District Judge, Ludhiana, whereby the temporary injunction granted by the trial Court under Order 39 Rules 1 and 2, Civil Procedure Code, in favour of the plaintiff has been set aside.

(2.) Plaintiff filed a civil suit for permanent injunction restraining the defendant from interfering with the plaintiffs possession on the property mentioned in the suit. The case of the plaintiff as set up in his plaint is that he has purchased the land measuring 1 kanal 8 marlas by a registered sale deed dated August 5, 1997 from his father, Ram Murti. Mutation has been sanction in his favour. The defendant's house is situated to the east of the plaintiffs property. Plaintiff stated that he is in possession of the property but the defendant is trying to oust him from the house in question. He further stated that he has been paying the house tax and also the electricity and water charges. Copies of the receipts were produced. His father, Ram Murti, had sold his half share in the land to him for Rs. 37,500/-. Ram Murti and the defendant, Mohan Lal, are brothers and co-sharers. The house tax and the electricity and water bills had been issued in the name of Ram Murti. It showed that Ram Murti, the vendor, was in possession.

(3.) Learned counsel for the plaintiff has argued that the payment of house tax as well as the electricity and water chargers by the vendor, Ram Murti, showed, prima-facie, that he was in exclusive possession of the land. He sold half share of the land in the capacity of a co-sharer. The purchaser is, therefore, entitled to retain possession over the entire land inasmuch as he has stepped into the shoes of a co-sharer.