LAWS(DLH)-2001-8-107

KIRAN SINGH Vs. UNION OF INDIA

Decided On August 13, 2001
KARAM SINGH Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Karam Sihgh, plaintiff has filett the present suit seeking' permapeht injunction against the defendants to restrain the defendants, their employees or agents from interfering with the possession of the plaintiff and enjoyment of the plaintiff in respect of the suit property or obstructing his free ingress and egress to the suit premises including his employees and customers. It has further prayed that defendants should not cut or withhold the power supply to the tube-well installed in the suit premises.

(2.) The facts alleged are that the plaintiff was granted lease of the suit premises measuring 5 acres on annual rent of Rs.3,000.00. An agreement dated 2/01/1992 was executed. Under the said agreement plaintiff was permitted to develop a nursery. The tenancy is stated to be continuing. The plaintiff reclaimed the barren land and developed nursery. He made a tube-well workable. The army headquarter had provided the requisite power connection.

(3.) On 15/1/1994 It is alleged that local staff working under defendant no.3 withheld the supply of electricity and plaintiff was threatened of dispossession, without the tube-well. It Is stated that the plaintiff cannot run the nursery, alleging that he is being threatened of dispossession and that the water supply is being withheld without reason. The present suit refers to the above has been filed.