MANOHAR LAL Vs. MADAN LAL

JUDGEMENT

(1.) THE order under challenge in this appeal was passed by the court below rejecting the plaintiff's application for temporary injunction against respondent No. 2.

(2.) THE facts, stated briefly, are that the plaintiff and defendant No. 1 are real brothers having migrated from the area now constituting Pakistan as evacuees. In 1954 Govt. of U. P. with a view to rehabilitate the evacuee brothers granted plot No. 18 situate in Darbhanga Castle compound having an area of 1853 sq. yards by deed dated ( ? ) jointly to them. For the purposes of this appeal the parties do not dispute that for the sake of convenience both the parties had raised residential houses on different portions of the said land. THE houses are assigned municipal nos. 100 and 101. Defendant No. 1 now lives in house no. 100 and plaintiff in house No. 101. It is alleged that there also had been some sort of family arrangement between them in 1977 but as there is some dispute regarding this matter it would be better if we leave that matter here as nothing really turns on that controversy so far as decision of this appeal is concerned.

(3.) ACCORDING to the defendants, the plaintiff can have no cause for any grouse as his interest in the land is safe and beyond the scope of equitable mortgage. In the absence of any prejudice, the plaintiff had no cause to complain or to bring the suit.