AMAR DASS Vs. LABH SINGH

JUDGEMENT

(1.) Petitioners herein are plaintiff in Civil Suit No. 33 of 2014 pending before the learned Civil Judge, Sunder Nagar, wherein plaintiffs have claimed relief against the defendants/respondents herein to restrain them by way of permanent prohibitory injunction from causing any interference in the suit land by illegal threats to dispossess the plaintiffs. In alternative a decree for mandatory injunction have also been claimed. Plaintiffs also filed an application under Order 39, Rules 1 & 2 of the Code of Civil Procedure seeking interim injunction against the defendants in the same terms as prayer made in the suit.

(2.) The plaintiffs claimed themselves to be in settled possession of suit land since 1965-66. As per the averments made in the plaint, the suit land was sold to them/their predecessors-in-interest by way of oral sale by the predecessors-in-interest of defendants No. 4 to 11, in the year 1951-52. Besides vacant land, plaintiffs have also claimed possession over certain structures on the suit land. Plaintiffs have placed reliance on report submitted by a revenue official in pursuance to an application filed by the plaintiffs in the year 2014. On the strength of such report, plaintiffs have tried to impress upon the Court that they were in settled possession of the suit property. It is the case of parties that defendants No.4 to 11 have sold suit land to defendants No.1 to 3 by way of registered sale deed and mutation of such transaction also stood attested.

(3.) Defendants are contesting the suit and have denied the averments made in the plaint in totality. The possession of the plaintiffs over the suit land has specifically been denied.