UMESH CHANDRA Vs. KRISHNA MURARI LAL

JUDGEMENT

(1.) This is a defendants' application in revision directed against an order passed by a learned III Additional District and Sessions Judge granting a temporary injunction restraining the defendant-applicant from interfering with the possession of the plaintiff-opposite party over certain agricultural land, a tube-well existing thereon and some crops standing over the said land.

(2.) The relevant facts are these. The plaintiff-opposite party Sri Krishna Murari Lal filed a suit for a permanent injunction against the applicant restraining him from interfering with his possession over some agricultural lands described in schedule Ga in the plaint of the suit, as well as with the tube-well existing therein and the crops standing thereon. Along with the above suit, the plaintiff-opposite party also moved an application (4-C) for temporary injunction restraining the defendant-applicant from interfering with the plaintiffs' possession over the aforesaid properties during the pendency of the suit. This application was contested by the applicant. The learned Munsif rejected the application on the ground that the plaintiff would suffer no irreparable loss. He took the view that though the plaintiff seemed to have a prima facie case, he was not likely to suffer irreparable loss if injunction was not granted to him.

(3.) Aggrieved, the plaintiff-opposite party filed an appeal. The appeal has been allowed by the learned III Additional District and Sessions Judge granting temoary injunction in the terms mentioned above.