DEVI SINGH Vs. HANWANT SINGH AND ORS.

JUDGEMENT

(1.) This petition is directed against order dt. 12.12.13 passed by the Additional District Judge, Sumerpur, whereby an appeal preferred by the first respondent against the order dt. 3.8.13 passed by the Civil Judge (JD), Sumerpur, granting temporary injunction in favour of the petitioner -plaintiff has been allowed and the injunction granted, stands set aside. The petitioner -plaintiff preferred a suit for cancellation of relinquishment deed and permanent injunction against the respondent No. 1 & 2 claiming that the respondent who is brother of the petitioner got the relinquishment deed signed while giving impression that the same is a partition deed executed in respect of the ancestral property. It is averred that when the respondent attempted to sell the disputed land, the factum of fraud committed came to the petitioner's notice.

(2.) The petitioner also filed an application seeking injunction in terms that during pendency of the suit, the respondent may not transfer or alienate the disputed property and the petitioner's possession over the land in question may not be interfered with.

(3.) The application was contested by the respondent by filing a reply thereto, taking the stand that after the death of the father of the petitioner and the respondent, with the consent of the family members, the petitioner was inducted in Government service on compassionate ground as dependent of his deceased father and at the same time, the ancestral properties were also partitioned. It was averred that instead of executing the partition deed, it was considered appropriate to get the relinquishment deeds executed. According to the respondent, in terms of the partition, the 1/2 share in the land comprising khasra No. 857 and 858 fell in the share of the petitioner -plaintiff and the land comprising khasra No. 1055 fell in the share of the respondent. It was further averred that after the partition and execution of the relinquishment deed, the land in question is in exclusive possession of the respondent and the same has been developed by him by installing a tubewell.