BAG SINGH Vs. KHIWALA

JUDGEMENT

(1.) THIS is a revision application by the defendant in a suit against an order of Munsif of Nawa refusing to order delivery of possession over on agricultural plot of land to him on an application purporting to be under Sec. 151 C. P. C. read with Sec. 144 C. P. C.

(2.) THE plaintiff respondent brought a suit for permanent injunction restraining the defendant from interfering with his possession over the above plot of land. A temporary injunction under Order 39 Rule 2 was passed by the trial court in favour of the plaintiff. THE trial court finally dismissed the suit of the plaintiff holding that the defendant was in possession on the date of the suit. THE plaintiff preferred an appeal against this decree and the appellate court held that the evidence on record was conflicting and it could not be ascertained with certainty as to which party was in actual possession of the land on the date of the suit. He according dismissed the suit.