CHANDRAPAL SINGH Vs. PRAKASHWATI

JUDGEMENT

(1.) THIS is an appeal preferred under Order 43 Rule 1 of the Code of Civil Procedure against the order of first Additional Judge to the Court of District Judge, Gwalior. The order appealed against was passed on 16th of March, 1993. By this order, application preferred under Order 39 Rule 1 and 2 seeking injunction during the pendency of the proceedings to the effect that the defendants should not raise any construction was dismissed.

(2.) THE plea of the petitioner was that he is owner in possession of vacant land. According to him, he purchased this piece of land from Jandev Singh on 7th of April, 1992. His submission was that the defendants are raising construction on the land owned by him. The trial Court after considering the material placed before it, came to the conclusion that in1he sale -deed dated 7th of April, 1992, the description of the property has not been given. The trial Court concluded in para 5 of the order that the area claimed comes to 274.37 sq. metres whereas if the length and the breadth are multiplied then it comes to 247.37 sq. metres. The trial Court after considering the material placed before it came to the conclusion that the applicant had failed to make out a prima facie case for grant of relief under Order 39 Rule 1 and 2 of the Code of Civil Procedure.