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2003 DIGILAW 424 (PNJ)

Ram Kumar v. Sukh Ram

2003-03-13

NIRMAL SINGH

body2003
Judgment Nirmal Singh, J. 1. This is a defendants revision against the order dated 1.9.1998 of Civil Judge (Junior Division), Kurukshetra vide which ad-interim injunction in favour of the respondents/plaintiffs has been issued against the petitioners and the stay order has been confirmed by the learned Additional District Judge, Kurukshetra vide order dated 10.5.2001. The case of the petitioners is that they are in possession of the property in dispute on the basis of the sale deed dated 22.6.1965 and the land has been mutated in their favour. 2. After hearing the learned counsel for the parties and perusing the record. I am of the considered opinion that the learned courts below after considering the pros and cons of the case have rightly granted the ad-interim injunction in favour of the plaintiff/respondents. Copy of the Jamabandi for the year 1994-95 reveals that the land in dispute is Hadda Ron and is in possession of the Harijans and is owned by Gram Panchayat. The sale deed does not depict the khasra numbers of the suit land which the petitioners are alleged to have purchased. Even the entries in the Khasra Girdawari from Sawni 1997 to Hari 1998 also depict the possession of the respondents through Gram Panchayat on the land in dispute. The petitioners are neither in possession of the property in dispute as per the revenue record nor are the owners. Therefore, there is no prima facie case in favour of the petitioners. On the other hand, balance of convenience and prima-facie case lie in favour of the plaintiffs/respondents. For the reason mentioned above, I find no merit in the revision petition. The same is dismissed.