DEVI DAYAL Vs. GRAM PANCHAYAT, HARI MAJRA

JUDGEMENT

(1.) THIS is a civil revision and has been directed against the order dated 30.8.2000 passed by the Additional District Judge, Patiala, who dismissed the appeal of the petitioner under Order 43 Rule 1 CPC by affirming the order dated 24.7.2000 passed by Civil Judge (Jr. Division), Rajpura.

(2.) SOME facts can be noticed in the following manner: Devi Dayal, the present petitioner, was a lessee of the land in question belonging to Gram Panchayat, Hari Majra since 1993-94 but the land was leased out to one Dev Ram son of Ram Partap for the year 1999-200 i.e. from 5.5.1999 to 30.4.2000. The plaintiff filed a suit for permanent injunction restraining the Gram Panchayat from interfering in his peaceful possession over the suit land. Along with the suit, the plaintiff also filed an application under Order 39 Rules 1 and 2 CPC Praying that during the pendency of the suit he should not the dispossessed from the land in question. The suit was contested by the Gram Panchayat. According to the Gram Panchayat the land is leased out every year and it has been taken on lease by one Dev Ram for the year 1999-2000 and now the Gram Panchayat further wants to auction the property, but the petitioner/plaintiff filed the present suit with mala fide intention.

(3.) I have heard Mr. R.C. Dogra, Sr. Advocate on behalf of the petitioner, Mrs. Monika Jalota, Advocate on behalf of added respondent Satinder Singh and with their assistance have gone through the records of the case.