STATE OF M.P. Vs. CHANCHAL JADON

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been preferred by the petitioner/defendant being aggrieved by the order dtd. 14/3/2024 passed in MCA No.3/2024 by the Second District Judge, Shujalpur, District Shajapur reversing the order dtd. 15/2/2024 passed in RCS No.10-A/2024 by the First Civil Judge, Junior Division, Shujalpur, District Shajapur and allowing an application under Order 39 Rule 1 and 2 of the CPC preferred by the plaintiff/respondent.

(2.) The facts of the case in brief are that on 15/1/2024 the plaintiff instituted an action before the trial Court for permanent injunction restraining the defendant from forcibly dispossessing her from the suit shop, from causing any damage to it or from interfering with her possession over the same. She submitted that the defendant had constructed 27 shops in front of its school ground and had auctioned the same in which one shop measuring 5 x 3 square meter was allotted to plaintiff for a consideration of Rs.3,96,000.00 on rent at Rs.1,026.00 per month. The shop of plaintiff is bearing No.7/1. The tenancy of the suit shop has been renewed from time to time lastly on 15/1/2022 for a period of 35 months expiring on 15/9/2025. The plaintiff has not violated any of the terms of the tenancy and is carrying on her business therefrom. The defendant is however making efforts for constructing a C.M. Rise School and has issued a notice dtd. 30/12/2023 to plaintiff to vacate the suit shop. The same is wholly illegal and plaintiff is not liable to vacate the suit shop.

(3.) Along with the plaint the plaintiff also filed an application under Order 39 Rule 1 and 2 of the CPC praying for issuance of temporary injunction restraining the defendant from forcibly dispossessing her from the suit shop, from causing any damage to the same and from forcibly dispossessing her therefrom. The defendant filed its reply to the application submitting that in the school premises wherein the suit shop is situated, construction of the school at the cost of Rs.44.33 Crores is being done for which the suit shop is needed. For the construction, in a meeting held on 26/12/2024 by the Sub Divisional Officer it has been decided that a road has to be constructed from the land over which the suit shop is situated as per the sanctioned map. The number of students in the school has increased from 1888 to about 4000-5000 and the same is running in two shifts hence it has been decided that the school be reconstructed. Presently there are three gates for entry to the school in place of which one big gate is proposed to be constructed. The shop of plaintiff is required for the said purpose hence plaintiff is not entitled for issuance of temporary injunction.