Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 8811 of 2018 Petitioner :- Siyaram Respondent :- Radhey Shyam And 2 Others Counsel for Petitioner :- Rajeshwar Singh,Ram Janam Singh
Hon'ble Mrs. Sunita Agarwal,J.
The present petition is directed against the orders of rejection of temporary injunction application no. 257 of 2016 (Siyaram Vs. Radhey Shyam and others), which has been filed with the relief of permanent injunction against three defendants. The defendant no. 1 is own brother of the petitioner and the original owner of the suit property which is an admitted fact. However, the petitioner/plaintiff is claiming possession on the basis of an unregistered agreement dated 11.10.2014 allegedly executed by his brother i.e. defendant no. 1. The court below has recorded a categorical finding that no prima facie right or interest could be established by the petitioner/plaintiff on the basis of the unregistered agreement dated 11.10.2014. The question as to whether the sale consideration had been passed on so as to transfer title in the suit property to the plaintiff is the question which is subject matter of evidence.
No infirmity is found in the findings recorded by the trial court in rejecting the temporary injunction application. Only submission of learned counsel for the petitioner is that the Amin report is in favour of the petitioner which establishes the physical possession of the petitioner over the suit property.
The said report has been considered by the court below and a categorical finding has been recorded that the amin report cannot be made sole basis of lawful possession of the petitioner over the suit property.
For all the above discussions, no infirmity is found in the orders impugned.
The present petition is dismissed being devoid of merits.
Order Date :- 27.11.2018 Pratima