C.R. No.3763 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.3763 of 2008 Date of Decision: 17.7.2008 Jagjit Singh and others .....Petitioners Vs. Gurmeet Kaur and others ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. H.K. Aurora, Advocate for the petitioners. .... RAJIVE BHALLA, J (Oral) Challenge in this revision is to an order dated 3.5.2008, passed by the Additional District Judge, Hoshiarpur, accepting the appeal filed by the respondents and setting aside the order 21.2.2007 passed by the Additional Civil Judge (Senior Division) Garhshankar, granting an injunction to the petitioners. The petitioners filed a suit for permanent injunction, to restrain the respondents from interfering in their possession, by asserting that possession had been delivered to them, pursuant to an agreement to sell dated 10.2.1997, executed by Gurmeet Kaur. Respondent no.2, on the other hand, asserted that Gurmeet Kaur had executed a sale deed in his favour on 26.5.2004 and he is in possession of the suit land, since then. The learned trial Court granted an injunction to the petitioners. The appellate Court reversed the order by recording a finding that the petitioners have failed to place on record any evidence whatsoever, to C.R. No.3763 of 2008 2 suggest their possession over the suit property. On a specific query being put to the counsel for the petitioners, to refer to any material that would prima facie suggest that the petitioners are in possession of the suit land, counsel for the petitioners has failed to refer to any material other than the agreement to sell. The agreement to sell in my considered opinion, is insufficient to infer possession and was rightly discarded by the appellate Court. The order dated 3.5.2008, passed by the Additional District Judge, Hoshiarpur, does not call for any interference. Dismissed. However, it is made clear that the findings returned by the appellate Court, as to possession of suit property shall not be taken into consideration, during the adjudication of the suit. 17.7.2008 (RAJIVE BHALLA) GS JUDGE