BARKAT KHAN Vs. SHIMLA @ SEEMA

JUDGEMENT

(1.) The appellants, Barkat Khan and Ram Kumar, are aggrieved by the order dated 27.07.2012, passed by the Additional District Judge, Bhadra, District Hanumangarh, whereby the learned Judge has allowed the temporary injunction application filed by the respondentplaintiff, Shimla @ Seema, under Order 39 Rules 1 & 2 CPC.

(2.) Briefly, the facts of the case are that Smt. Shimla @ Seema had filed a suit for permanent injunction and cancellation of sale-deed dated 04.07.2012 wherein she had claimed that she is the daughter of appellant FloatingFrame FloatingFrame No.2, Ram Kumar. She further claimed that her family owns an agricultural land measuring about nine bighas.

(3.) The said land is ancestral in nature. However, her father, Ram Kumar, has sold the said land to Barkat Khan (appellant No.1 before this Court), by sale-deed dated 04.07.2012. According to her, as the Karta of the family, Ram Kumar did not have the right to sell the ancestral land. Along with the suit, she filed an application under Order 39 Rules 1 & 2 CPC wherein she claimed that she is in possession of the land in dispute. She further claimed that on the said land, there is a house consisting of two rooms, veranda, kitchen and bathroom, which is under her possession. Therefore, she prayed for temporary injunction against Barkat Khan and Ram Kumar.