JUDGEMENT
L.N. Mittal -
(1.) DEFENDANTS Ranjit Singh etc. have filed this revision petition under Article 227 of the Constitution of India assailing order dated 8.10.2011 passed by learned Additional Civil Judge (Senior Division), Pehowa and order dated 15.2.2012 passed by learned Additional District Judge, Kurukshetra.
(2.) RESPONDENT-plaintiff Rukmani Devi has filed suit against defendants/petitioners alleging that she is owner in possession of the suit land measuring 8 kanals having purchased it vide sale deed dated 11.3.2011 from Piara Singh who was exclusive owner in possession thereof pursuant to partition effected by revenue court. Defendants have no concern with the suit land but they tried to dispossess the plaintiff therefrom. Plaintiff claimed permanent injunction restraining the defendants from doing so. Temporary injunction to the same effect was also sought during the pendency of the suit by filing separate application.
Defendants resisted the suit and the application and pleaded that Piara Singh had already sold his entire 1/8th share in joint land measuring 150 kanals vide two sale deeds dated 17.12.1973 in favour of Mehnga Singh and Kartar Singh who sold the same to the defendants but due to wrong entry in the jamabandi for the year 1978-79 and subsequent revenue record, there was erroneous entry regarding share of Piara Singh in the suit land. Pat Ram shown to have sold 8 kanals land whereas in fact Piara Singh had sold the same to Kartar Singh. Exparte partition orders have been challenged by the defendants by filing separate suit.
(3.) LEARNED trial court vide impugned order dated 8.10.2011 allowed the plaintiff's application for temporary injunction and said order has been upheld by the appellate court vide impugned order dated 15.2.2012. Feeling aggrieved, defendants have filed this revision petition.;
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