Sandeep Kumar vs Satish Kumar

Sham Sunder, J.—This revisionpetition, under Article 227 of the Constitution of India, is directed, against the order dated 08.09.07, rendered by the Court of Civil Judge (Senior Division), Sangrur, vide which, the application under Order 39, Rules 1 and 2, read with Section 151 of the Code of Civil Procedure, filed by the applicant/plaintiff, was dismissed, and the judgement dated 22.09.08, rendered by the Court of Additional District Judge, Sangrur, vide which it directed the parties to maintain status quo.

The plaintiff, had filed a suit for permanent injunction, on the ground, that he had purchased the plot, in dispute, vide sale deed dated 30.04.90, and came into exclusive possession thereof, in the capacity of owner. It was stated that the defendants/respondents, wanted to take forcible possession thereof. They were many a time, asked not to do so, but to no avail. On their final refusal, to desist from their nefarious designs, left with no other alternative, a suit for permanent injunction, was filed.

Alongwith the plaint, an application, under Order 39, Rules 1 and 2, read with Section 151 of the Code of Civil Procedure, seeking adinterim injunction, was filed.

The defendants/respondents, put in appearance, and filed written statement and reply, stating therein, that they had purchased 124 sq. yards of the property, and were in possession of the same. It was denied that the plaintiff/applicant, was in possession of the property, in question. The remaining averments, were denied, being wrong.

After hearing the Counsel for the parties, and, on going through the record, the trial Court, dismissed the application for adinterim injunction.

Feeling aggrieved, an appeal was preferred by the plaintiff/applicant, wherein the parties, were directed to maintain status quo, by the Court of Additional District Judge, Sangrur, vide judgement dated 22.09.08.

Still feeling dissatisfied, the instant revisionpetition, has been filed by the revisionpetitioners/defendants.

I have heard the Counsel for the parties, and have gone through the record of the case, carefully.

The Appellate Court, came to the conclusion, that the parties purchased the agricultural land, comprising khasra numbers, which was still joint. The said land, had not been partitioned, by the cosharers. Under these circumstances, even if, the plaintiff and the defendants, purchased the property, by specific khasra nos. and boundaries, it could not be said, that they were in exclusive possession of any portion of the joint property. In my considered opinion, the Appellate Court, was right, in directing the parties to maintain status quo, with regard to the possession and alienation of the suit property, in any manner, till the same was partitioned. The judgement, rendered by the Appellate Court, therefore, does not suffer from any illegality, material irregularity, or perversity, warranting the interference of this Court, in its revisional jurisdiction, under Article 227 of the Constitution of India. The same is liable to be upheld.

For the reasons recorded above, the revisionpetition, is dismissed.