BHAGAT RAM Vs. YASHWANT SINGH

JUDGEMENT

(1.) By means of this petition the petitioner Bhagat Ram, who is defendant No.2 before the learned trial Court has challenged the order passed by the learned District Judge, Solan in C.M.Appeal No.13-S/14 of 2008 whereby he dismissed the appeal of the petitioner and confirmed the order passed by the learned trial Court on the application filed under Order 39 Rules 1 and 2 of the CPC.

(2.) Briefly stated the facts of the case are that the plaintiff Yashwant Singh and Smt. Bhagwanti are the grand son and daughter-in-law of defendant No.1 Changu Ram. Shyam Lal son of Changu Ram has expired. Whether the reporters of the local papers may be allowed to see the Judgment?Yes.

(3.) The case of the petitioner is that the suit land is ancestral land in the hand of the defendant No.1 and therefore, defendant No.1 Changu Ram had no right to alienate the same. The entire suit land measures 6513 sq. mtrs. Out of the suit land Changu Ram had sold 211 sq.mtrs. in favour of defendant No.2 vide registered sale deed dated 12.1.2007. The claim of the plaintiff is that by way of family arrangement they are in possession of the said land. The learned trial Court passed an order directing the parties to maintain status quo qua the nature and possession of the suit land measuring 211 sq.mtrs. The appeal filed by the petitioner was dismissed. Hence, the present petition.