MRS.BAKHSHISH KAUR, J. - (1.) THIS is plaintiffs revision directed against the order dated September 25, 2000, passed by the learned Additional District Judge, Chandigarh, who after allowing the appeal filed by the defendant- respondents has dismissed the application under Order 39 Rules 1 and 2 of the Code of Civil Procedure.
(2.) SHRI Jagan Nath Sharma was the owner of the House No. 3143, Section 21-D, Chandigarh. He died issueless on 23.6.1998 at Ropar. His wife had also died. Om Parkash Sharma is the nephew of Jagan Nath Sharma. According to the plaintiffs, Shri Jagan Nath Sharma had executed a Will on 28.4.1980 bequeathing his entire movable and immovable property in favour of Om Parkash Sharma. Therefore, he is the sole heir and successor-in-interest of Jagan Nath Sharma. On 16.10.1998, Om Parkash Sharma entered into an agreement to sell 1/3rd share in the house consisting of ground floor having drawing-dining, four bed rooms, two toilets, two kitchens, car garage, passage and the ground floor of the annexe consisting of three bed rooms, kitchen, bath room and a toilet in favour of the plaintiffs for a consideration of Rs. 15 lacs. In part performance of the agreement, Om Parkash Sharma had delivered vacant possession of the front portion of the ground floor of the house. The telephone, beds, A. C. and some other household articles lying therein were also handed over to the plaintiffs by Om Parkash Sharma and since then they are in possession of this house,. The plaintiffs, therefore, filed a suit for permanent injunction restraining the defendants from interfering and dispossessing them illegally and forcibly from the ground floor of the house till the decision of the suit.
(3.) ALONG with it, an application under Order 39 Rules 1 and 2 CPC was also filed.;