- (1.) This revision petition is directed against the order of the first Appellate Court partly reversing on appeal that of the trial Judge and allowing the application of the plaintiff-respondent under Order 39, Rules 1 and 2 Civil Procedure Code and restraining the defendant-appellants from interfering with the possession of the plaintiffs over the part of the suit land measuring 24 kanals 15 marlas, bearing Khasra Nos. 18/6, 7, 14 and 119.
(2.) The facts : Manjit Singh, plaintiff-respondent No. 1 filed a suit for permanent injunction against the defendant-petitioners and respondent No. 2 for restraining them from interfering in his peaceful possession over the suit land measuring 52 kanals 15 marlas situated in the revenue estate of Rasoolpur. Alongwith the suit, an application under Order 39, Rules 1 and 2, Civil Procedure Code, was also filed. The trial Court dismissed the application. On appeal, the first appellate Court, on appraisal of the documents placed before it, came to the conclusion that the plaintiff was in possession of part of the suit land measuring 24 kanals 15 marlas, bearing khasra Nos. 18/6, 7, 14 and 119. The remaining land was found to be in possession of the petitioners. It found that the plaintiff had no prima facie case regarding the remaining land.
(3.) The order of the first appellate calls for no interference. In arriving at the conclusion that the plaintiff was in possession of 24 kanals 15 marlas of land only out of the suit land, it referred to the revenue record and other documents produced before it. The revisional Court is slow to interfere with the discretionary order passed by the first appellate Court more particularly when it is based upon documentary evidence.;