RAJINDER KUMAR Vs. MANAV CHOUHAN

JUDGEMENT

(1.) This Civil 1st Miscellaneous Appeal has been filed by the appellants against the order dtd. 28/2/2019 (hereinafter referred to as the impugned order), passed by the Court of learned 2nd Additional District Judge, Jammu, (hereinafter referred to as the trial court) in an application for grant of interim relief filed in civil suit titled " Manav Chohan and another vs Rajinder Kumar and another" by virtue of which the order dtd. 1/1/2019 granting interim injunction has been confirmed by the learned trial court.

(2.) The order has been assailed on the following grounds

(3.) Mr. Pawan Kundal learned counsel for the appellant vehemently argued that the appellants had taken specific plea with regard to the non-existence of right of prior purchase with respondents as both the houses were not having a common entrance but, there is a common passage and on the same, Municipal Corporation, Jammu has laid down tiles and made sewerage holes . He further argued that the respondents have not challenged the earlier two sale deeds executed with regard to the suit property and now respondents cannot enforce any right of prior purchase in the suit property. He also urged that the respondents filed the suit only when the appellant No. 2 had placed shuttering and it was only by the permission of this court that the appellant No. 2 removed shuttering because it was causing financial burden upon appellant No. 2 due to operation of the order of the learned trial court imposing restrictions upon the construction. He further vehemently argued that the learned trial court has fallen into grave error of law while rejecting prayer of the appellant No. 2 for permitting her to raise the construction and appellant No. 2 was ready to furnish an undertaking to remove the structure in the event of suit being decreed in favour of respondents, at her own cost. He placed reliance on the judgment passed by Rajasthan High court in case titled "Akbar Ali vs. Ambalal" and also judgment reported in 1920 AIR(Lahore) 278 titled Nek Chand Vs. Tek Chand.