Civil Revision No. 5217 of 2008

(1)

In the High Court of Punjab & Haryana at Chandigarh

Civil Revision No. 5217 of 2008 (O&M)

Date of decision : 27.1.2009

Nepal Singh and others

..... Petitioners

vs

Ashok Kumar and others

..... Respondents

Coram:

Hon'ble Mr. Justice Rajesh Bindal

Present:

Mr. Munish Soni, Advocate, for the petitioners.

Rajesh Bindal J.

Challenge in the present petition is to the order passed by the learned

Lower Appellate Court whereby the appeal filed by respondents/plaintiffs against

the order passed by the trial court in an application filed under Order XXXIX

Rules 1 and 2 CPC, the petitioners/defendants have been restrained from changing

the nature of the suit property.

Briefly, the facts are that the respondents/plaintiffs filed a suit for

possession under Section 6 of the Specific Relief Act claiming that they had been

forcibly dispossessed from the suit land on which they were continuing as gair

marusi tenants. The trial court dismissed the prayer for interim injunction with the

opinion that the suit itself was not maintainable in terms of Section 77 of the

Punjab Tenancy Act. However, the learned Lower Appellate Court taking the other

view on