ROOP SINGH Vs. NIRMOO

JUDGEMENT

(1.) This is an appeal under Order 43, Rule 1 of the Civil P. Code and is directed against the decision of the District Judge, Mahasu, whereby he has rejected the application of the appellant, Roop Singh, for grant of interim injunction under Order 39, Rules 1 and 2 of the Civil P. Code.

(2.) The facts of the case are, that Roop Singh, plaintiff, filed a suit for declaration in respect of landed property situate in various 'Khewats' belonging to Chak Mau and some Khasra numbers of Chak Kiri, Pargana Shak as well as Chak Pojarli in Tehsil Chopal of the District of Mahasu. The allegation was, that Roop Singh is adopted son of one Ram Singh who was admittedly the owner of this landed property. It was stated that Roop Singh is in physical possession over the property, but Shrimati Nirmu and Shri Karam Singh, defendants, who are respondents before us, claim to possess title for the property, the former being daughter and the latter being brother of the deceased Ram Singh. They also got mutation in the revenue record in their favour. In this manner some cloud was cast upon the title of Roop Singh and he appeared before the Court for the relief of declaration that he was the full owner of. the property and was also in possession over the same.

(3.) Roop Singh further filed an application under Order 39, Rules 1 and 2 of the Civil P. Code, alleging that his possession was likely to be interfered with by the respondents and that the latter were also likely to alienate this property and therefore interim injunction was required to safeguard his interests.