SHER SINGH Vs. RAGHU RAM

JUDGEMENT

(1.) This petition under section 115 of the Code of Civil Procedure, hereinafter referred to as the Code is to seek revision of the order dated 21 -3 -1980 passed by the Additional District Judge Mandi on an application presented to him under order 22, rule 4 read with rule 9 of the Code.

(2.) It appears that Raghu Ram and others, the respondents herein (hereinafter called the plaintiffs) brought a suit against the present petitioners and one Ghyaru (defendant) praying for a declaration that the plaintiffs were the exclusive owners and in possession of 3/4th share in the land detailed in the plaint and for issue of a perpetual injunction restraining the defendants from interfering with the possession of the plaintiffs over such land. The plea of the defendants was that they were in actual possession of the suit land previously as tenants under the plaintiffs and since the enforcement of the Himachal Pradesh Tenancy and Land Reforms Act as owners and as such the plaintiffs were not entitled to any relief.

(3.) Along with the suit the plaintiffs filed an application under order 39, rules 1 and 2 of the Code for issue of an ad interim injunction of the nature prayed for in the suit. That application was dismissed by the trial Court vide its order dated 11 -9 -1979.