TILAK SINGH Vs. PUSHPENDRA SINGH AND OTHERS

JUDGEMENT

(1.) Petitioner has filed this petition being aggrieved by the order dated 12.8.2016 passed in Miscellaneous Civil Appeal No.2-A/2016 by the Additional District Judge, Karera, District Shivpuri, whereby an application moved by the plaintiff under Order 39 rules 1 and 2 has been rejected.

(2.) It is petitioner's contention that he had entered into an agreement for purchase of suit property from respondent No.2- Sanman Singh, who is ex parte before this Court, on 2.8.2011 and had paid a sum of Rs.2,00,000/-, but registry could not be made by Sanman Singh in favour of the petitioner-Tilak Singh for want of permission from the Collector concerned.

(3.) It is the case of the petitioner as has been made-out in the plaint that when permission could not be obtained from the competent authorities, then he had taken over the possession of the suit land on 10.2.2012 and since then, he is in possession of the suit land and is using the same, therefore, it is submitted that there is prima facie evidence of possession of the petitioner on the suit land and therefore, the trial Court has erred in rejecting the application under Order 39 rules 1 and 2 overlooking the three ingredients for grant of such relief, namely; balance of convenience and inconvenience, prima facie case and irreparable damage. Petitioner has also placed reliance on a certificate dated 1.2.2017 issued by Tahsildar, Narwar. District- Shivpuri, showing that petitioner is in possession of the said land, therefore, on the strength of this certificate, it is submitted that petitioner is in possession and, therefore, if he is allowed to reap the crops which are already standing, then no injury shall be caused to respondent No. 1.