SHAM LAL Vs. RAJMDER KUMAR

JUDGEMENT

(1.) This order shall govern the disposal of I.A. NO. 3655/93 and 5710/93. I.A. 3655/93 is an application under Order 39 Rules 1-2 Civil Procedure Code seeking grant of an ad interim preventive injunction protecting the possession of the plaintiff over the suit property. I.A. No. 5710/93 filed by the defendants seeks setting aside of the ex parte ad interim order dated 2.4.1993 whereby status quo as on that day with respect to the suit property has been directed to be maintained.

(2.) The suit property consists of land bearing Khasra No. 640/151/2/1 measuring 5 Bighas 15 biswas and No.205/2/2 measuring I Bigha and 2 biswas, total 6 Bighas and 17 biswas situated in village Rajpur Chawani, near C.C. Colony, Delhi. There is an old Kothi situated on the land. Popularly, the property is knowas Laxami Narain Bagh.

(3.) According to the plaintiff, he has been in open, peaceful and uninterrupted possession of the property for over 50 years. He has sown vegetables like onions, Kakri, lady finger and tomatoes and also laid flower bed ( nursery) in the suit land. He has 17 buffaloes along with a cattle shed over the land. On 30.3.93, the defendants threatened the plaintiff and his family members with dispossession. Hence the suit for permanent preventive injunction protecting the plaintiff's possession over the suit property. An application under Order 39 Rules 1-2 Civil Procedure Code has also been filed seeking an ad interim injunction in identical terms.