RAM PIARI VERMA Vs. ANAND SWAROOP

JUDGEMENT

(1.) This Revision Petition under Section 115 of the Code of Civil Procedure (hereinafter referred to as the Code) has been preferred by the petitioners- Plaintiffs (hereinafter referred to as the Plaintiffs ) against the order dated 5.10.2000 passed by the learned Additional District Judge, Shimla, in CMA No. 24-6/ 14 of 2000 thereby affirming the order dated 29.5.2000 passed by the learned Sub-Judge 1st Class (II), Shimla in CMA No. 21/6 of 2000 in Civil Suit No. 26/1 of 2000 whereby the application of the Plaintiffs under Order 39 Rules 1 and 2 of the Code for grant of interim injunction restraining the Respondent-Defendant from interfering with the possession of the Plaintiffs over the land comprising khasra Nos. 98, 99, 94, 96, 100, 95, 97 measuring 2-18 bighas situate at Khalini, Pargana Jajhot, Tehsil and District Shimla (hereinafter referred to as the suit land) had been dismissed.

(2.) Brief facts leading to the filing of the present Revision Petition are as follows :

(3.) The Plaintiff instituted a suit against the Defendant for declaration and injunction. Their case is that they are recorded owners in possession of the land comprising khasra Nos. 95 and 97 and are non-occupancy tenants of the land comprising khasra Nos. 98, 99, 94, 96, 100 and that the sale deed executed by Ramneek Kumar impleaded as Defendant No. 2 in the suit and Will executed by one Sushila Devi in favour of the Defendant are illegal, void, inoperative and no right, title or interest of any kind has accrued to the Defendant-Respondent through these deeds. In the first week of February, 2000 the Defendant tried to dispossess the Plaintiffs from the suit land and is still threatening to do so. Hence, the suit for declaration and permanently injunction.