OMKAR SINGH Vs. SAIN SINGH

JUDGEMENT

(1.) Dispute relates to the land measuring 13 marlas under Khasra No. 1695 min situated at village Khour Tehsil Akhnoor District Jammu. Claiming to be owners of the property, the respondents filed two suits before the trial Court. A suit for permanent prohibitory injunction restraining the defendants from raising the construction, alienating, dispossessing or interfering into the peaceful possession of the plaintiffs over the land in question. Another suit in the nature of declaration seeking cancellation of the agreement to sell alleged to have been executed between petitioner and one Soma Devi mother of defendant No. 2 on 24-7-1984 and agreement dated 14-9-1984 alleged to have been executed between petitioner and plaintiff Nos. 1 to 3 and father of plaintiff No. 4 as null and void. The case of plaintiffs is that Soma Devi is occupancy tenant and did not have the authority to execute the agreement to sell in favour of the petitioner/defendant No. 1. After the death of the occupancy tenant the property was to be reverted back to the original owners.

(2.) The case of the petitioner/defendant No. 1 is that an agreement to sell has been executed with him for 10 marlas of suit land. Ever since the execution of the agreement, he is in possession of the suit land as an owner. This stand is affirmed by the revenue record in the shape of Khasra Girdawari. It is further asserted that on the asking of the parties the trial Court was pleased to appoint Naib Tehsildar of the area as a Commissioner who after conducting on the spot verification found that the petitioner was in possession of the land from 1984.

(3.) In both these suits the application was filed under Order 39, Rules 1 and 2 of CPC seeking restrain on defendants not to raise any construction and alienate the property. Both the applications came to be disposed of by a common order by the trial Court. It is pertinent to mention here that on filing of the suit, an application for ad-interim injunction was also filed. Ad-interim injunction was issued by the trial Court. After hearing the parties, trial Court modified the order of status quo and directed the petitioner/defendant No. 1 to construct house and shops as per the plan submitted by the Municipal Committee, Khour. He was directed not to alienate the land till the final disposal of the suit. In the event of failure in the suit, he will dismantle the house and shops at his own cost and hand over the possession of the property to the plaintiffs.