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2023 Supreme(P&H) 1181

ALKA SARIN
Satwant Singh (deceased) through LRs – Appellant
Versus
Ranjit Singh – Respondent


Advocates appeared:
Mr. Paritosh Vaid, Advocate for the petitioners.

ALKA SARIN, J.

1. The present revision petition has been filed challenging the order dated 02.02.2023 whereby the application under Order VII Rule 11 of the Code of Civil Procedure, 1908 filed by the defendant-petitioners herein has been dismissed.

2. The brief facts relevant to the present lis are that the plaintiff-respondents filed a suit for permanent injunction for restraining the defendant-petitioners, their agents, servants, attorneys or anybody else acting for and on their behalf from interfering in the peaceful and lawful possession of the plaintiff-respondents and/or dispossessing the plaintiff-respondents from the land measuring 06 acres 07 kanals 03 marlas having a frontage of about 2 acres, as described in the plaint in detail, situated at Pathankot GT Road, Village Noorpur, Tehsil and District Jalandhar. The defendant-petitioners filed an application for rejection of the plaint under Order VII Rule 11 CPC on the ground that the suit for permanent injunction was not maintainable as the plaintiff-respondents are not in possession of the suit property. Further ground taken was that the suit has been filed on the basis of an unregistered agreement to sell dated 01.11.2017 a

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