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2014 Supreme(P&H) 1713

IN THE HIGH COURT OF PUNJAB AND HARYANA
RAKESH KUMAR JAIN, J.
TARLOCHAN SINGH – Appellant
Versus
RATTAN KAUR AND OTHERS – Respondent
Civil Revision No. 5504 of 2014
Decided on : 04-09-2014

Advocate Appeared:
For the Appellant :D.V. Sharma, Senior Advocate and Akshita Chauhan, Advocates
For the Respondent:Kunal Dawar, Advocates

The main legal point established in the judgment is the interpretation of the application of Section 151 CPC in the context of injunction orders and status quo, emphasizing the continuation of injunction orders when status quo is directed to be maintained by the higher court. The judgment also emphasizes the power of the court to enforce its orders and ensure compliance with injunctions.

Headnote:

Injunction - Land Dispute - Section 151 CPC - [Jagbir Singh Vs. Gajjan Singh, Jage Ram Vs. Hari Singh, Orient Craft Infrastructure Ltd. Vs. Smt. Subhadra, Mohd. Hamja Vs. Additional Civil Judge (S.D.)] - The court discussed the application of Section 151 CPC in the context of injunction orders and status quo, highlighting the distinction between cases where injunction was granted and cases where only status quo was maintained. The court emphasized that when injunction is granted by the lower courts and status quo is directed to be maintained by the higher court, it implies the continuation of the injunction in favor of the plaintiffs. The judgment also referenced the power of the court to enforce its orders and ensure compliance with injunctions, emphasizing the obligation of state authorities to comply with court orders.

Fact of the Case:

The plaintiffs filed a suit for permanent injunction claiming possession of certain land, which was contested by the defendant. The trial court granted an injunction in favor of the plaintiffs, which was upheld in appeal and revision. The defendant filed a civil revision challenging the order of status quo, and the plaintiffs subsequently filed an application for police help under Section 151 CPC, which was allowed by the Civil Judge, Jr. Divn., Rajpura.

Finding of the Court:

The court held that the application for police help under Section 151 CPC was maintainable as the injunction granted by the lower courts was continued by the order of status quo passed by the higher court. The court also emphasized the power of the court to enforce its orders and ensure compliance with injunctions by directing the police and local authorities.

Issues: The main issue was whether the application for police help under Section 151 CPC was maintainable in the absence of a specific injunction order from the higher court.

Ratio Decidendi: The court's decision was based on the interpretation of the application of Section 151 CPC in the context of injunction orders and status quo, emphasizing the continuation of injunction orders when status quo is directed to be maintained by the higher court. The court also highlighted the power of the court to enforce its orders and ensure compliance with injunctions.

Final Decision: The petition was dismissed, and the court upheld the grant of police help to the plaintiffs under Section 151 CPC.

JUDGMENT :

RAKESH KUMAR JAIN, J.

1. This petition is against the order dated 11.08.2014 by which the application filed by the plaintiffs under Section 151 CPC for police help has been allowed. The brief facts of the case are that the plaintiffs-respondents filed a suit for permanent injunction alleging that they had purchased the land measuring 5 bighas 7 biswas comprised in khasra No. 276min (5-7) and land measuring 8 bighas comprised in khasra Nos. 274 (5-13), 275min (2-7) situated in village Dhumma, Tehsil Rajpura, District Patiala vide registered sale deeds dated 25.01.1994 and 27.06.1999 from its previous owner Gurdev Singh son of Bhagwan Singh. It is also averred that earlier respondent Tarlochan Singh had filed a Suit No. 406 dated 13.05.1994, which was dismissed on 25.09.2000 by the Court of the Civil Judge, Jr. Divn. Rajpura in which he had challenged the sale deeds dated 27.06.1989, 25.01.1994 and 12.12.1989 and the relief of permanent injunction was also declined. Earlier Gurnam Singh had also filed a civil suit regarding the suit land, which was dismissed and appeal was also dismissed. However, the defendant had obtained a wrong order dated 29.07.2011 from A.C. IInd Grade, Rajpura regarding correction of khasra girdawari of the suit land, which has been challenged in appeal. It was alleged that the plaintiffs are in cultivating possession of the suit land but the defendant is trying to dispossess them forcibly. They also filed an application for temporary injunction.

2. The claim of the petitioner was contested by the defendant by filing written statement alleging that the suit land is in his cultivating possession. It was also alleged that the plaintiffs might have purchased concerned land from other co-sharers but they cannot claim possession of specific khasra numbers till the same is partitioned by metes and bounds. The plaintiffs also filed a suit in regard to the same land, which was dismissed and their appeal was also dismissed. Meaning thereby, they were not granted injunction. It is also alleged that khasra girdwari of the land in dispute has been corrected in the name of respondents-defendants by circle revenue officer after visiting the spot vide order dated 29.07.2011 and now they are in cultivating possession.

3. The trial Court on the basis of the pleadings before it, passed the order of injunction in favour of the plaintiffs on 08.10.2011 restraining the defendants from cutting/removing the paddy crops, or changing the nature by making any encroachment and from dispossessing the plaintiffs forcibly from the land measuring 13 bighas 7 biswas comprised in khasra Nos. 276(5-7), 274(5-13), 275min (2-7), situated in village Dumma, Tehsil Rajpura, District Patiala.

4. Aggrieved against the order of the temporary injunction passed by the trial Court, the defendant filed misc. appeal which too was dismissed on 21.09.2012. Meaning thereby, the injunction granted by the trial Court was upheld and maintained. The defendant preferred Civil Revision before this Court bearing No. 515 of 2013, which was admitted on 04.12.2013 and the parties were directed to maintain status-quo regarding possession. Thereafter, the plaintiff filed an application for providing police help, which was disposed of on 18.07.2014 by passing the following order:

"Contends that despite status quo order passed by this Court on 04.12.2013, the respondents are misusing the same and creating trouble on the land. Both the Courts below have ad interim held that the plaintiff is in possession of the suit land. The present application is for police protection to reap the crop sown by the respondent. This prayer is open to be canvassed before the learned trial Court.

Mr. Dawar withdraws this application with liberty to press this prayer before the learned trial Court. CM stands disposed of."

5. Thereafter, the plaintiffs filed an application under Section 151 CPC for grant of police help which has been allowed by the Civil Judge, Jr. Divn., Rajpura.

6. Lear













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