NARESH SETH Vs. MAHANT KRISHNA GOPALPURI

JUDGEMENT

(1.) Heard finally.

(2.) Appeal is directed against an order allowing thereby an application for temporary injunction restraining the defendant/appellant from making construction on the disputed land. Plaintiff/appellant has pleaded that he has been residing in the suit property belonging to Kapil Muni Mahanir-wani Panchayti Akhada, Sagar. Earlier, Mahant Anant Narayan Puri was the Mahant of the said Akhara who died on 5-6-1988. Plaintiff has stated that he is Mahant of the entire property belonging to the Akhara and has been managing the same since last number of years. Plaintiff has been realizing rent from about 20-25 tenants occupying various rooms belonging to the said Akhara. The suit property is an open piece of land admeasuring 70 ft. x 20 ft. The defendant is trying to occupy the suit property by claiming it and making construction over it. Plaintiff has further pleaded that the defendant has no right to make the construction and is liable to be restrained. Decree for perpetual injunction has been sought by the plaintiff/appellant.

(3.) Plaintiff/appellant simultaneously with the institution of the suit submitted an application for temporary injunction and prayed for grant of restraint order by way of issuance of temporary injunction.