Jasbir Kaur vs Basant Kaur

S.S. Shodhi, J.—The discretion exercised by the lower appellate court in granting temporary injunction in favour of the Plaintiff to restrain the Defendants from interfering with their possession over the land in suit, during the pendency thereof, warrants no interference in revision.

The possession of the Plaintiffs over the land in suit, actual or through tenants, is supported by the relevant entries in the revenue record, particularly, the Jamabandi for the year 1984-85 and the Khasra Girdwari. These entries have, no doubt, been questioned by the Defendants, but there is no such material on record on the basis of which these could be rebutted.

An attempt was next made to press in aid the report of the Local Commissioner in favour of the Defendants to the effect that they were in possession of the said land. The lower appellate court rightly disregarded this report keeping in view the fact that the Local Commissioner was appointed by the court without notice to the Plaintiffs and the order passed did not empower or authorise the Local Commissioner to hold an enquiry regarding possession.

The order of the lower Appellate Court granting temporary injunction to the Plaintiffs must accordingly be up-held and affirmed and this revision petition is consequently hereby dismissed. Costs of this petition shall be costs in the suit. Counsel fee Rs. 300/-.

Parties are directed to appear before the trial Court on June 1, 1988 and a direction is issued to the trial court to fix a very early date for the recording of the evidence of the Defendant and to record such evidence from day-to-day with a view to ensure that the suit is finally disposed of as expeditiously as possible.

Revision dismissed.