M.L. Singhal, J. - (1.) This is a revision against the order dated 19.9.2000 of Additional District Judge, Rohtak whereby he dismissed the defendant's appeal against the order dated 25.8.2000 of Civil Judge (Jr. Division), Rohtak, whereby the latter had allowed the application of plaintiff -Bhoop Singh Jain filed by him under Order 39 Rules 1 and 3 read with Sec. 151 of the Code of Civil Procedure restraining Atul and Sarupwati -defendants from interfering in his lawful possession of the suit property as detailed in para No. 1 of the plaint and causing any interference in raising construction thereon.
(2.) Facts: Bhoop Singh Jain -plaintiff filed suit for permanent injunction against Atul son of Tara Chand and Sarupwati w/o Tara Chand son of Mai Dhan -defendants restraining them from interfering into his peaceful possession over the shop from the ground of sky and also from causing any interference in the raising of any construction by him in or over the suit property detailed in para No.1, 3 and 5 of the plaint shown in red in the site plan attached to the plaint. It is alleged in the plaint that he is owner in possession of shop bearing No. 1370/29 situated at Model Town, Medical Maur, Rohtak bounded as East: Shop under the name of Aggarwal Medical Store West: Shop of Sarupwati in possession of tenant Sharda Medical Hall; North : House of Late Tara Chand; South : Main Delhi Road and door of the shop. The aforesaid shop was purchased by the plaintiff from Sarupwati -defendant by means of a registered sale deed bearing No.6634 registered in the office of Sub -Registrar, Rohtak on 18.11.1998. It is alleged in the plaint that he has purchased four walls of the shop also from defendant No.2 by virtue of aforesaid sale deed besides the area/shop detailed in para No.1 of the plaint. The shutter of the shop is installed in the southern wall of the shop of the plaintiff. The owner of the shop under the name of Aggarwal Medical Hall situated towards the Eastern side of shop of the plaintiff has also his own separate western wall of his shop. The shop was also purchased by the owner of Sharda Medical Hall from the aforesaid defendant No.2. The plaintiff purchased the shop and the walls detailed above from the bottom to sky from defendant No.2. Plaintiff intended to raise construction over the shop. A part of the construction was raised. As the work was in progress, defendants No.1 and 2 in collusion with each other threatened him to dispossess him from the suit property detailed above and also threatened him to interfere in the progress of the construction of the first floor of the shop. It is alleged in the plaint that the threatened acts of the defendants are illegal and unauthorised. Building material collected by him is going waste. Alongwith the suit, plaintiff made an application for the grant of temporary injunction to the desired effect. Vide order dated 25.8.2000 Civil Judge (Junior Division), Rohtak allowed temporary injunction to the plaintiff as prayed for. Atul son of Tara Chand -defendant No.1 went in appeal which was dismissed by the Additional District Judge, Rohtak vide order dated 19.9.2000.
(3.) I have heard the learned counsel for the petitioner (defendant No.1), learned counsel for the plaintiff -Bhoop Singh Jain and have gone through the record.;