RAJA RAM SONI Vs. KANPUR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE appellant filed a Suit No. 114 of 1999 for injunction against the respondents for restraining them from constructing a commercial complex over plot, bearing No. 207 of Jagannath Mohal at Kohna area, Kanpur city. The appellant also moved an application under Order 39, Rules 1 and C.P.C. for temporary injunction to retrain the respondents from constructing their commercial complex over the disputed plot. The application was opposed by the respondents. The same has been rejected by the order, dated 17 -5 -2000 by the Additional Chief Judicial Magistrate, Kanpur Nagar. Aggrieved by it, the present appeal has been preferred.

(2.) IT is contended that the appellant got the land from Triyugi Narayan Dubey, who has since died, that he is owner and in possession of the land. The case of the respondents is that they have acquired the land and commercial complex has already been constructed, named “RAINA MARKET”; that it was completed in the year 1992 consisting of 60 to 70 shops; that there is also a Library and Reading Room, known as “Raina Library”. It was innaugurated on 2 -6 -1963; that, therefore, no injunction can be granted.

(3.) THE learned Counsel has argued that it is a Suit for injection and in such a suit the parties should be directed to maintain strict status -quo. The learned Counsel in support of the argument has referred to the decision of Rahmullah and othersv. District Judge, Siddharthnagar and others, 1999 ACJ Page 533. In this case it was observed that prima faciecase does not mean that the plaintiff is certain to succeed; that if triable issues have been raised which require consideration, the temporary injunction should be granted. Similar view was in the Ram Kalapv. IV Additional District Judge, Gorakhpur and another, 1989 ACJ Page 13. It was held that if the suit is for permanent injunction and the matter is to be heard and decided, proprietory demands that strict status quobe maintained between the parties. The third case referred to is Ram Dularey Pandeyv. II Additional District Judge, Allahabad and others, 1995 ACJ Page 551. It was observed in this case that parties should not be permitted to raise constructions on the joint land and strict status -quoshould be maintained.