JAI SINGH Vs. DELHI JAL BOARD

JUDGEMENT

(1.) THIS petition is against the order of 1st June, 2010 whereby the appeal against the order of Learned Civil Judge dated 30.07.2009 on the application U/O 39 Rule 1 & 2 CPC was dismissed.

(2.) THE petitioner had filed a suit against the respondent along with application U/O 39 Rule 1 & 2 CPC for grant of ad interim injunction in respect of land measuring Three Biswas situated in Khasra No. 38/16/1 in Revenue Estate of village Saffipur, Ranhola, Delhi. The injunction application U/O 39 Rule 1 & 2 CPC of the petitioner was dismissed vide order dated 30.07.2009 by the Learned Civil Judge. The petitioner preferred appeal against the said order before the Learned ADJ which was also dismissed vide the impugned order dated 1.6.2010. The said order has been assailed by the petitioner in the present petition.

(3.) THE main grounds which have been taken by the petitioner are that the land measuring One Bigha and 14 biswas was notified for acquisition and awared was also made by the LAC. However, the possession was taken by LAC of One Bigha and 11 biswas and not of the entire awarded land of One Bighas and 14 bisws. In other words, the plea that since the possession of three biswas, which is subject matter of the suit, forming part of Khasra No. 38/16/1, was not taken by the LAC, the acquisition proceedings were not complete and he being in possession thereof, the interference therein by the respondent was unwarranted.