(1.) RESPONDENTS had filed a suit seeking, a decree of declaration that Gift deed dated 04.02.2002 for land measuring 10 kanals 13 marlas comprised in Khasra no. 306, and 11 kanals comprised in Khasra no. 307, situated at village Kotla Tehsil Reasi, executed by Kabla Singh in favour of his son Karan Singh was null and void besides a decree for permanent prohibitory injunction restraining Kabla Singh and others from raising construction on land comprised in Khasra nos. 305, 306 and 307 and from alienating it, by any mode whatsoever, pleading, inter alia, that the parties to the suit being co -sharers, Kabla Singh -petitioner no. 1 had no authority to gift away the land to his son when he was not the exclusive owner thereof. Kabla Singh had been alleged by the respondents to have sold more than 70 kanals of land out of land measuring 139 kanals 01 marla comprised in Khasra no. 305, i.e., much beyond his share in the Shamlat land comprised in Khasra no. 305.
(2.) DECREE for permanent prohibitory injunction had been sought on the premise that the petitioners -defendants had threatened to sell the land and change the nature thereof by raising construction over it.
(3.) AN application for issuance of interim injunction too had been filed by the respondents -plaintiffs, seeking a restraint order against the petitioners -defendants not to raise any construction over, change the nature of, and alienate in any manner whatsoever, the suit land, during the pendency of the suit.