High Court of Punjab and Haryana, Chandigarh
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Mahinder Kumar v. Daulatg Singh & Ors - CR-1567-2006  RD-P&H 2339 (16 April 2006)
CIVIL REVISION NO. 1567 of 2006 (O&M)
DATE OF DECISION: March 21, 2006.
Daulatg Singh and others
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
PRESENT: Mr. Harsh Aggarwal,
Advocate, for the petitioner.
Respondent No. 1 filed a suit for permanent injunction against respondents No. 2 and 3. In that suit, he also filed an application for interim injunction, which was dismissed. However, he succeeded in appeal. Records reveal that the trial Court has declined interim relief to the respondents primarily on the ground that they have suppressed factum of award, passed by the Lok Adalat, on the basis of a compromise between the parties. Appellate Court below has rightly held that in fact no such award was passed. Rather the suit was dismissed as withdrawn.
To grant injunction in favour of the respondents, appellate Court below has placed reliance upon entries made in the Jamabandi and Khasra Girdawaris. Change of entries in Khasra Girdawari, which was effected during pendency of the trial, was rightly discarded by the Court below by stating that there existed presumption of continuity of possession in favour of the respondents, as the opposite party has failed to show as to how they were dispossessed from the suit land. Order passed by the appellate Court below is perfectly justified. No case is made out for interference. Dismissed.
March 21, 2006. ( Jasbir Singh )
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