HEERA SINGH Vs. NAVRAJ SINGH

JUDGEMENT

(1.) CLAIMING himself to be a tenant, a suit seeking a decree for permanent injunction against the defendants from interference in his possession, is pending adjudication in the lower Court, wherein an application moved under Order XXXIX Rules 1 & 2 read with Section 151 CPC seeking temporary injunction during pendency of the suit, has been decided concurrently by both the Courts below against the petitioner -plaintiff who has now invoked supervisory jurisdiction of this Court under Section 227 of the Constitution of India for setting aside order dated 7.11.2013 passed by the lower Court and order dated 16.5.2014 passed by the lower Appellate Court.

(2.) IN this revision petition, it is claimed that once the petitioner is in possession, he cannot be dispossessed except in due course of law. It is further averred that both the Courts below have erred in ignoring his possession and have failed to provide him protection in law of non interference in his possession.

(3.) THE petitioner -plaintiff had approached the Civil Court seeking protection of his possession with a definite stand that he is a tenant on the land having been inducted by Surjit Singh, father of the defendant No. 1, in the year 1984. It is claimed that he has been regularly paying rent of the suit land in the form of 1/4th share of the produce to the defendant No. 1.