BHURA KACHHI Vs. HEERA BAI

JUDGEMENT

(1.) Heard finally with consent.

(2.) By this miscellaneous petition under Article 227 of the Constitution of India, plaintiffs in the suit have challenged the concurrent orders of the two courts below. Trial Court by the order dated 28.11.2017 had dismissed the application for temporary injunction filed under Order 39 Rule 1 and 2 of the CPC and the lower appellate court by the order dated 19.3.2019 by dismissing the appeal, has affirmed the order of the trial Court.

(3.) The petitioners had filed the suit with the plea that they had purchased 14 Khasra numbers by registered sale deed dated 9.7.1981 from its owner Lachhua Kachhi and the said sale deed also relates to the suit land being Khasra Nos.119, 2520, 2521 but they were omitted from mentioning in the sale deed, but the possession was delivered to the petitioners and the mutation was also done and subsequently the release deed dated 11.9.2017 was also issued in their favour and even otherwise, the petitioners have perfected their title by adverse possession. Both the courts below have taken note of the petitioner's plea and have found that neither the prima facie case in favour of the petitioners is proved, nor the balance of convenience and irreparable injury has been established, therefore, the application for temporary injunction has been rejected.