SATYABIRI Vs. MAHABEER SINGH AND OTHERS

JUDGEMENT

(1.) THE order impugned dated 27.3.2008 is an order passed by the Additional Civil Judge (Senior Division), Meerut refusing to grant interim injunction in favour of the plaintiff-appellant during the pendency of the suit.

(2.) ACCORDING to the appellant, he has purchased the land from the defendant/respondent No. 1 and made construction thereupon. Learned counsel appearing for respondent Nos. 1, 2 and 3, surprisingly for both, i.e. seller and purchaser, contended before this Court that the land in question cannot be sold without permission of the authority as the defendant No. 1 is the Scheduled Caste and the necessary conversion from agricultural land to non-agricultural land was made for the purpose of construction. But such permission was not obtained. The allegation of the plaintiff/appellant is in respect of part of such land.

(3.) ACCORDING to us, in a case of injunction, three things are required to be seen : (a) prima facie case; (b) balance of convenience, and (c) irreparable loss. The case of the plaintiff/appellant is that she had made construction on an agricultural land without its conversion, but such construction cannot give any prima facie right of injunction on the pretext that the subsequent purchaser had not only obtained the permission of the authority, as aforesaid, but necessary conversion was made from agricultural land to non-agricultural land. That apart, the plaintiff/appellant did not seek any declaratory relief in the suit but to injunction. Therefore, in totality we are not inclined to pass any favourable order in favour of the plaintiff/appellant save and except the direction to expedite the hearing of the suit without granting any unnecessary adjournment as early as possible preferably within a period of three months from the date of communication of this order. Thus, the appeal is dismissed without imposing any cost. However, passing of this order will in no way prevent the plaintiff/appellant to seek relief of similar nature if she feels aggrieved in such situation during the pendency of the suit.