EMANA Vs. MOHD. SALIM

JUDGEMENT

(1.) The present revision petition has been filed against the order dtd. 7/9/2015 passed by Civil Judge, Sardarshahar in Civil Original Suit No.93/2012 whereby the application under Order 7 Rule 11, CPC as filed on behalf of the plaintiffs in counter suit/counter claim as filed by the defendant stood rejected.

(2.) The facts are that a suit for declaration of the gift deed dtd. 9/11/1987 to be null and void qua the plaintiffs, and for permanent injunction was filed by the plaintiffs Emana and Umar.

(3.) In the said suit a counter suit/counter claim was preferred on behalf of the defendant for relief of possession with a submission that in execution of the final decree dtd. 28/4/2012 in a suit for partition, the plaintiffs fraudulently took possession of 7 bighas of land in excess of what had been decreed in their favour. Therefore, the possession of that 7 bighas of land be directed to be handedover to the defendants by the plaintiffs.