Suit for Injunction -- Concealment of Prior Order and Manipulation of Revenue Entries -- Settled possession of plaintiff protected, decree upheld
(i) Specific Relief Act, 1963, S.38 -- Suit for Injunction -- Concealment of Prior Order to Secure Ex Parte Relief -- Institution of a separate suit by defendant after grant of injunction in favour of plaintiff, coupled with concealment of the earlier injunction order to obtain an ex parte order later vacated, supports an inference of an attempt to disturb settled possession rather than to establish lawful possession, and justifies decree of the suit. (ii) Specific Relief Act, 1963, S.38 -- Suit for Injunction Simpliciter Relating to Immovable Property -- Determinative Factor for Grant of Injunction -- Possession of the parties on the date of institution of the suit is the determinative factor in a suit for injunction simpliciter relating to immovable property. (iii) Specific Relief Act, 1963, S.38 -- Suit for Injunction -- Evidentiary Value of Khasra Girdawari Entries -- Khasra girdawari entries, though not conclusive proof of title, carry significant evidentiary value on possession where they show continuity over a long period. A sudden change in such entries, unsupported by cogent material or lawful process, cannot by itself prove actual change of possession. (iv) Civil Procedure Code, 1908, S.100 -- Second Appeal -- Scope for Re-Appreciation of Evidence -- Re-appreciation of evidence in second appellate jurisdiction is impermissible in the absence of a substantial question of law.
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