VINOD KUMAR & ANR Vs. NAVEEN KUMAR

JUDGEMENT

(1.) This order will dispose of the petition filed by the plaintiffs-petitioners under Article 227 of the Constitution of India assailing therein the order dated 21.12.2016, passed by the learned Additional District Judge (II), Mandi, whereby he affirmed the order passed by the learned Civil Judge (Sr. Division), Mandi, thereby dismissing the application for injunction filed by the plaintiffs/petitioners.

(2.) The dispute pertains to land comprised under Khewat No. 132/198, Khatauni No. 261/231, Khasra No. 765/689/16 measuring 0-8-6 bighas situate in muhal Sanyarad, Tehsil Sadar, District Mandi.

(3.) As per the petitioners/plaintiffs, the suit land is recorded in joint ownership and possession of the petitioners/plaintiffs and the respondent being stranger has no right to interfere with the same. Whereas, it is the specific case of the respondent that at one point of time, the father of the petitioners/plaintiffs Shri Longu Ram was the owner of the suit land, however, the same was sold to him vide agreement to sell dated 21.04.2002. Pursuant to which, after receipt of sale consideration of Rs. 40,000/-, the possession of the land was handed over to the respondent and thereafter it is the respondent who is in possession of this land.