AMBIKA DUTT Vs. ADJ/FTC III DEHRADUN

JUDGEMENT

(1.) By means of this writ petition the petitioner has prayed for to issue a writ or direction in the nature of certiorari for quashing the order dated 18.09.1999 passed by Civil Judge (J.D.), Dehradun in Original Suit No. 190 of 1992, Ambika Dutt Vs. Rizwan whereby the temporary injunction application of plaintiff petitioner has been rejected and order dated 15.11.2003 passed by learned ADJ/FTC-III, Dehradun in M.C.A. No. 122 of 1999, Ambika Dutt Vs. Rizwan whereby the order of Civil Judge (J.D.) was affirmed in appeal.

(2.) Brief facts of the case are that the plaintiff filed a suit for eviction of the respondent as well as restraining him to raise any construction on the land in dispute. During the pendency of the suit an application for temporary injunction was moved and the same was rejected by the learned Civil Judge (J.D.), Dehradun vide order dated 18.09.1999 on the ground that the plaintiff has admitted the possession of defendant over the land in dispute since the suit has been filed for possession, therefore, the injunction cannot be granted. Aggrieved by the said order, the petitioner preferred an appeal before the appellate court, which was also dismissed vide order 2 dated 15.11.2003 on the ground that the name of the plaintiff is not recorded in the revenue record. The appellate court has dismissed the appeal and affirmed the order of Civil Judge (J.D.). Hence, this writ petition.

(3.) The plaintiff has pleaded in his plaint that the land in suit has been declared as Abadi land under the provision of Sec. 143 of U.P.Z.A.&L.R. Act by the Assistant Collector. The learned Civil Judge (J.D.), Dehradun has held prima facie title in favour of the plaintiff, even then rejected the interim injunction application and the learned appellate court has also not considered this aspect of matter and dismissed the appeal and thus order of both the courts below suffers from manifest error of law.