CH VEERAMMA IN RE Vs. MAHABOOB SUBHANI

JUDGEMENT

(1.) The petitioners are the plaintiffs in O.S.No. 623/90. The suit was one for grant of permanent injunction in respect of certain agricultural lands and for restraining the defendants from interfering with the plaintiffs' possession. Pending suit the petitioners filed IA. No. 849/90 for grant of temporary injunction. The defendants-respondents filed a counter stating that the plaintiffs are not in possession and that they (defendants) are in possession. After mentioning the facts of the case and the previous litigation between the parties, the learned District Munsif stated that it may not be good for the court to give a finding as to whether the plaintiffs or defendants are in possession and that therefore it would be better to direct maintenance of the 'status quo' That order was passed on 16-10-1990. Thereafter, the plaintiffs filed I.A. No. 1077/90 for grant of police aid and directions to the Station House Officer, Chebrole to see that the orders in IA. No. 849/90 are implemented. They contended that they had raised the standing crop. The respondents defendants filed a counter contending that the plaintiffs did not raise the crop and that it was the defendants who raised the ciop. The learned District Munsif dismissed the said application and the plaintiffs have preferred this present revision petition against the said order.

(2.) In this revision petition it is contended by the learned counsel for the petitioners that police aid should have been granted for implementation of the order directing status quo to be maintained. He once again contends that the plaintiffs have raised the crop and are in possession.

(3.) In matters relating to disputes regarding possession it is the duty of the court to decide one way or the other as to which party is prima facie in possession of the property. Unfortunately, in several cases coming up before the lower courts instead of giving a categorical finding as to which party is in possession, the courts frequently resort to granting orders for maintenance of "status quo". Before the court passes such an order, it is incumbent on the court to give a finding as to the particular status quo that it wants to be maintained viz., whether the plaintiff or the defendant is in possession and whose possession is to be maintained. The court cannot escape its duty by merely saying that status quo is to be maintained.