VASIM Vs. NAYAB TEHSILDAR

JUDGEMENT

(1.) This petition is filed by the petitioner under Article 227 of the Constitution of India being aggrieved by order dtd. 4/4/2022 passed by Principal District Judge Mandsaur in M.C.A. No. 284/2021 whereby the order dtd. 30/1/2021 passed by Additional Judge to Civil Judge Senior Division Sitamau in RCA No. 178A/2020 has been affirmed whereby an application under Order 39 Rules 1 & 2 read with sec. 151 of CPC filed by petitioner has been dismissed.

(2.) The facts in brief are that petitioner/plaintiff is the owner of land bearing survey No. 212/5 area 165 x 48.75 ft. situated at village Belara Tehsil Sitamau, which was allotted to him by Gram Panchayat Belara by lease certificate dtd. 3/11/2007. He has constructed a residential house on the land. The lease of petitioner has never been cancelled nor revoked by respondents and without issuing any show cause notice to the petitioner, the respondents are taking action for demolition of the house of petitioner. Therefore, petitioner has filed a suit for permanent injunction alongwith an application under Order 39 Rules 1 & 2 read with Sec. 151 of CPC. After hearing both the parties the trial court has rejected the same by order dated

(3.) Learned counsel for the petitioner submits that the impugned orders passed by both the courts below are illegal, contrary to law and also against the settled principle of law. From perusal of copy of lease it is evident that after getting lease, petitioner has constructed the house. If the lease papers are not available on record of Panchayat, it is not fault of the petitioner. He further submits that without giving proper opportunity of hearing, the respondents are intended to demolish the house of the petitioner. Hence he prays that both the impugned orders dtd. 4/4/2022 and 3/1/2021 may be set aside and petitioner's application under Order 39 Rules 1 & 2 of CPC be allowed.