VYASJI DUBEY Vs. RANGJI DUBEY

JUDGEMENT

(1.) THIS appeal is directed against the order dated 30.8.2003 passed by the SubJudge V, Siwan in T.S. No. 323/2002 whereby the learned Sub -Judge has passed interim injunction directing the defendants/ appellants not to dispossess the plaintiffs (respondents) from the suit lands and not to construct the house over the suit lands till the disposal of the suit.

(2.) IT appears that the plaintiffs/respondents had filed T.S. No. 323/2002 as against the appellants/defendants for declaration that the plaintiffs have right, title and interest over the suit land and for declaring the sale deeds executed by defendant no. 9 in favour of defendants no. 1 to 8 as void and inoperative.

(3.) THE case put forward by the appellants/defendants before the lower court at the time of hearing the Injunction matter is that never any deed of gift executed by Jagannath Dubey and the story of defendant no. 9, his being separated from his father in his life time after taking 1/3rd share in the joint family property is false. In fact a family partition took place only one year back and hence defendant no. 9 rightly executed the deed of sale of the property which had fallen in his share during family partition. Therefore, the purchasers are the rightful owner of the land and they have been put in possession. Hence, there was n0 merit in the injunction petition filed by the plaintiffs/respondents.