NARESH KUMAR Vs. HAR PAL SINGH AND OTHERS

JUDGEMENT

(1.) The instant petition is directed against the concurrent affirmative, orders, recorded by both the learned Courts below, upon, the plaintiffs'/ respondents' application cast under the provisions of Order 39, Rules 1 and 2, of, the CPC.

(2.) The plaintiff had instituted a suit for permanent prohibitory injunction, for, restraining the defendants either personally or through his servants or assignees, from occupying, digging, and, raising construction over the land comprised in khasra No.892/2, measuring 7 biswas, situated in mauza Bhagani, Tehsil Paonta Sahib. Also, during the pendency of the aforesaid Civil Suit, an application cast, under the provisions of Order 39, Rules 1 and 2, of, the CPC, was, preferred by the plaintiffs/applicants/respondents herein, before the learned trial Court, wherein, they sought relief of ad interim injunction being pronounced vis-a-vis them, and, qua the suit land. Relief upon the aforesaid application, was afforded vis-a-vis them, by both the learned Courts below. The defendant/petitioner herein being aggrieved therefrom, hence, has instituted the instant petition before this Court.

(3.) This Court with the able assistance of the learned counsel appearing for the parties, has traversed through the relevant records, appertaining to the lis at hand. The short ground reared, before this Court, by the learned counsel appearing for the defendant/petitioner herein, for upsetting the concurrent affirmative orders pronounced, upon the plaintiffs' application, is, grooved (a) in the factum of construction already existing at the site, of, the suit khasra number. However, vigour, if any, of the aforesaid contention, (b) is repulsed by the trite factum, of the relevant records, rather making candid clear disclosure(s) , of the suit khasra number, being recorded in the revenue records, as gair mumkin abadi, (c) and, also after drawing, of, apposite partition(s) , it standing allocated vis-a-vis the plaintiffs, (d) besides the suit khasra number being vacant. The documentary evidence comprised in the apposite revenue records, as, germane thereto, does at this stage, hence, hold a presumption of truth, and, when the presumption of truth enjoyed by them, obviously, remains unreplused at this stage, (e) thereupon, it is to be concluded, of, the suit khasra number, upon, drawing, of, the apposite partition(s) being allotted vis-a-vis the plaintiffs, also, it being vacant.