NISAMANI BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD Sri B. Baug, learned counsel for the appellant, Sri N. Patra, learned counsel for the intervenor and the learned Addl. Government Advocate for the State.

(2.) THE plaintiff is the appellant against the order of the trial Court rejecting her application filed under Order 39, Rules 1 and 2 of the Code of Civil Procedure (hereinafter referred to as the 'Code).

(3.) THE trial Court held that the document filed by the petitioner was a letter written in 1996 by the Executive Engineer, Capital Construction Division No. 1 to the Estate Officer -cum -Joint Secretary to Government of Orissa, G.A.Department, showing that the appellant was in possession. From the aforesaid document, the trial Court came to the conclusion that the plaintiff was in possession only from the year 1996 and since a prima facie case had not been made out, no injunction should be granted. The trial Court further observed that since a proceeding under the Orissa Public Premises (Eviction of Unauthorised Occupants) Act, 1972, (hereinafter referred to as the 'O.P.P. Act) had been initiated, Sec. 14 of the said Act stood as a bar to the jurisdiction of the Civil Court for entertaining the suit.