RAMCHANDRA SAO Vs. STATE OF M P

JUDGEMENT

(1.) This is the miscellaneous appeal under order 43, Rule 1 (r) of the Code of Civil Procedure as the application for temporary injunction preferred by the plaintiff/ appellant has been rejected by the learned trial Court by the impugned order 18-3- 1993. (Parties hereinafter shall be described as per their description before the trial Court.)

(2.) Brief facts necessary for adjudication of this appeal are that the plaintiff filed a civil suit for declaration and perpetual injunction against the defendant/State averring that the suit land situated at village- Kusumi, Tehsil-Samri, Distt. Surguja admeasuring 0.020 hectare was allotted to him by the Tehsildar vide order dated 29-9-1984 passed in Revenue Case No. 141-A year 1983-88/A 19 (1) and since then he is doing his hotel business as Bhumiswami of the said plot. However, he was served with a notice dated 15-1-1993 by Sub Divisional Officer, Public Works Department calling upon him to remove the encroachment within three days. The plaintiff also filed an application for temporary injunction. Along with plaint the plaintiff filed documents as per list.

(3.) In reply to the application for temporary injunction, the defendants submitted that lease of the land in favour of the plaintiff is forged and the plaintiff is encroacher. Thereafter, proceedings under Section 248 of the Land Revenue Code (hereinafter referred to as 'the Code') was initiated against the plaintiff in the year 1986-87, 87-88 and in the said proceedings, the plaintiff admitted that he had encroached upon the land. The encroachment was being removed as per order of the Collector, Surguja who had directed to remove all the encroachment from the side of the main road and all the persons whose encroachments were being removed, they were being provided alternative accommodation for their business in the new Bus Stand and therefore no irreparable injury is likely to be caused to the plaintiff.