IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 08.11.2010 C.R.No.7241 of 2010 (O&M) Jarnail Singh ...Petitioner Versus Surjit Singh and others ...Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA Present : Mrs. Seema Pasricha, Advocate, for the petitioner. HEMANT GUPTA, J. (Oral) The plaintiff is in revision aggrieved against the orders dated 20.04.2009 and 02.08.2010 passed by the learned trial Court and learned first Appellate Court respectively, whereby an application filed by the plaintiff for grant of ad interim injunction was dismissed. Earlier the defendants filed a suit for injunction against Piyara Singh, father of the present petitioner, claiming possession over khasra No.201/5(8-0), as a lessee of S.B.S.Technical and Scientific Education Society, Karnal. The said injunction application was allowed by the learned trial Court on 21.01.2009 and confirmed on 09.04.2009. The petitioner filed a suit for injunction on 24.03.2009 claiming possession over the said khasra number. Alongwith the said suit, the plaintiff filed an application for ad interim injunction, which has been declined by the Courts below, as mentioned above. Learned counsel for the petitioner has vehemently argued that Piyara Singh is not recorded as a person in possession of the suit land and, therefore, the injunction granted by the Civil Court in the earlier suit cannot be used against the present petitioner to deny ad interim injunction. It is C.R.No.7241 of 2010 (O&M) contended that one Daulat Singh is recorded as a person in possession of the said khasra number, who is uncle of the petitioner. Therefore, after the death of Daulat Singh, the petitioner has entered into possession over the suit property. I do not find any merit in the contentions raised by the learned counsel for the petitioner. The alleged Daulat Singh is not the brother of Piyara Singh, as stated by the learned counsel for the petitioner. It is not explained that how after the death of Daulat Singh, the petitioner would inherit the estate of Daulat Singh being nephew though not brother of Piyara Singh. Still further, the Civil Court has granted ad interim injunction against Piyara Singh. The Halqa Patwari and Kanungo have inspected the spot and reported that Surjit Singh-defendant is in possession of the suit property. In view of the said fact, the assertion that the petitioner is in possession of the suit property has been rightly not believed by the Courts below. Consequently, I do not find any patent illegality or irregularity in the orders passed by the Courts below, which may warrant any interference by this Court in its revisional jurisdiction. Dismissed. 08.11.2010 (HEMANT GUPTA) Vimal JUDGE 2