DHANNI BAI Vs. SAMPAT LAL CHHAJED

JUDGEMENT

(1.) The plaintiffs application under Order 39 Rule 1 & 2 seeking temporary injunction, restraining the defendants from raising construction of the temple on the Government land bearing Khasra No. 1207 area0.75 decimal has been rejected by both the Courts below after holding that the plaintiff does not have a prima facie case or balance of convenience or irreparable loss in her favour.

(2.) Ordinarily, this Court, in exercise of its power under Article 227 of the Constitution of India, would have refused to interfere with the concurrent findings arrived at by the Courts below. However, in the teeth of interim order passed by Hon'ble Supreme Court in SLP Civil No.8519/2006, the prayer made by the petitioner in this petition needs serious consideration. The order passed by the Hon'ble Supreme Court on 07.12.2009 is extracted herein for ready reference.

(3.) The plaintiff herein preferred a suit on the pleading that she owns a house and four shops in KhasraNo. 1220 area 2800 square feet at Gandhi Chowk, Near Rajabada Chowk, Nagari, District Dhamtari. On the northern side of her land, there is a piece of Government land hearing KhasraNo. 1207 area 0.75 decimal which is entered in the name of Government of Chhattisgarh in the revenue records. The plaintiff's cause of action for filing the present suit arose when the defendants started raising construction of a temple on this piece of Government Land which is the suit land. Though the plaintiff claims easementary right and on that plea the suit for declaration or perfection of easementary right and permanent injunction has been preferred, but yet, the suit land is recorded in the name of Government in the revenue records. This fact has been found to be uncontroverted or rather an admitted position recorded by the trial Court in para 9 of the order dated 04.04.2007. The first appellate Court has also recorded in para 2 of its order dated 16.04.2007 that it is not disputed that the suit land is Government land.