2013 Supreme(Raj) 795
NISHA GUPTA
Manohar Lal Jakhodia – Appellant
Versus
Shambhu Dayal – Respondent
Advocates:
For the Appellant:Manoj Kumar Agarwal, Advocate.
For the Respondents:Satya Narain Shah, Advocate.
JUDGMENT
1. - This Misc. Appeal under Order 43 Rule 1(r) of CPC has been filed against the order dated 5.10.2012 passed by the Addl. District Judge, Jhunjhunu Camp Chidawa in Civil Misc. Temporary Injunction Application No. 21/2011 whereby the temporary injunction application of the appellant has been rejected.
2. The contention of the present appellant is that he is the owner of the land and the land is in possession of the present appellant which is situated at village Jakhod, Tehsil Chidawa. Part of the land was donated by Jakhodia Charitable Trust of which the plaintiff appellant is the trustee. Now, the land in question belongs to the charitable trust. The appellant filed the civil suit for cancellation of sale deed along with temporary injunction application which was rejected in spite of the fact that the present appellant is the owner of the land and also the land in possession of the present appellant. Hence this appeal.
3. Per contra, contention of respondents is that the land in question is ancestral land of the present respondents and present appellant has sold the land to Shambhu Dayal in terms of compromise entered in a Suit No. 34 of 2004 titled as Manohar Lal v. Sham
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