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1994 Supreme(Del) 521

JASPAL SINGH
KARAM SINGH – Appellant
Versus
NATHU SINGH – Respondent


Advocates Appeared:
K.S.Sidhu, MALDIP SIDHU, S.K.Kaul, V.P.Singh

Jaspal Singh, J.

( 1 ) IN his suit for partition the plaintiff Nathu Singh also applied for an ad-interim injunction order. Though the learned Additional District Judged allowed it only partly, the defendants still found the order unpalatable. Hence this appeal.

( 2 ) BEFORE I proceed to deal with the arguments advanced, let me first provide" a thumb-nail description. of the facts.

( 3 ) THE plaintiff claiming to be the co-sharer alongwith the defendants of property bearing Khasra No. 837 measuring 7 biswas (350 Sq. yards) in the revenue estate of Village Munirka filed a suit for partition and claiming that defendants 1 to 3 having already raised some construction were out to raise further constructions and to part with the same to the detriment of plaintiff s interest, sought ad-interim injunction restraining them from doing so. It need hardly be mentioned that the defendants contested the suit and so also the application under Order 39 Rules 1 and 2. They alleged that the plaintiff s rights in the land stood relinquished and that they were in exclusive possession of the suit property as sole owners. Defendants 1 to 3 further took the plea that, in any case, they had become exclus























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