STATE OF MADHYA PRADESH Vs. THAKURLAL

JUDGEMENT

(1.) The defendant/State has come up in second appeal aggrieved by the decree granted by the trial Court issuing permanent preventive injunction restraining the defendant/State from recovering an amount of Rs. 1080/- with interest as arrears of land revenue from the plaintiff/respondent and confirmed by the lower appellate Court.

(2.) The plaintiff/respondent had filed a suit seeking a declaration that he was entitled to recover an amount of Rs. 5,000/- by way of damages for breach of contract from the defendant/State and also for an injunction restraining the recovery of Rs. 2131/- as an arrear of land revenue sought to be made by the defendant/State from the plaintiff.

(3.) The trial Court held that the plaintiff was not entitled to recover Rs. 5,000/- by way of damages and hence the suit seeking a declaration in that regard was directed to be dismissed. That part of the decree has not been challenged in appeal by the plaintiff and hence has achieved a finality. As to the permanent preventive injunction sought for by the plaintiff, the trial Court held that the defendant/State was entitled to recover an amount of Rs. 1080/- with interest and not an amount of Rs. 2131/- as was claimed by it but the same was not liable to be recovered as an arrear of land revenue. Hence, the trial Court granted a permanent preventive injunction restraining the defendant/State from recovering the amount from the plaintiff as arrear of land revenue. This part of the decree has been confirmed in appeal and is the subject-matter of this appeal.