Vijender Singh Malik, J. - (1.) Some of the plaintiffs, Mohinder Kaur and three others, have brought this revision petition under the provisions of Article 227 of the Constitution of India for setting aside the order dated 12.10.2011 passed by Additional District Judge, Hoshiarpur, vide which the order dated 28.8.2011 passed by Additional Civil Judge (Senior Division), Hoshiarpur dismissing the application of the plaintiffs under Order 39 Rules 1 and 2 Civil Procedure Code, has been upheld.
(2.) Kesho Ram and 17 others, grouping together, took land measuring 2 kanals 11 marlas from its owners for raising construction of a building and running a cinema hall therein. In the course of time, the landlords/respondents filed an application for ejectment of Kesho Ram and others from the said land bearing khasra Nos. 105/1 and 105/2, situated at Railway Road, Hoshiarpur after removal of the construction raised thereon. The said application was allowed by the Rent Controller vide order dated 28.2.1987. The first appeal and the Regular Second Appeal also could not bring any relief to the tenants. After the said order had become final, the landlords sought to execute the order of ejectment and in the first round of litigation, the petitioners before me, brought objections to the execution of the ejectment order. The said objections were dismissed by the executing court. The appeal filed by the petitioners also brought no succour to them and finally the revision petition carried to this Court also ended in dismissal vide judgment dated 19.5.2010.
(3.) Surinder Pal Singh, predecessor of the petitioners had purchased some share in the goods attached and put to auction relating to the cinema hall, for which sale certificate was issued to them on 27.3.2002. Said Surinder Pal Singh had also purchased a share measuring 5 marlas 1 sarsahi in the land in question measuring 2 kanals 11 marlas from Smt. Gurnam Kaur, vide sale deed dated 19.8.1998. Becoming a co-sharer in this manner, the petitioners filed a suit for separate possession of land measuring 5 marlas 1 sarsahi out of the suit land and in that suit filed an application under Order 39 Rules 1 and 2 Civil Procedure Code for ad interim injunction restraining the defendants from dispossessing them from the suit property as also from demolishing the super structure during the pendency of the suit. They had pleaded the aforesaid facts in their plaint and had claimed themselves to be in possession of the suit property as co-sharers and had sought the aforesaid relief.;