BHAG SINGH Vs. AMAR SINGH

JUDGEMENT

(1.) THIS revision is directed against the order dated 7.9.98 passed by District Judge, Ambala whereby he set aside the order of Civil Judge, Senior Division, Ambala dated 26.9.96 allowing temporary injunction to Bhag Singh plaintiff against Amar Singh defendant restraining the latter (Amar Singh) from interfering with his possession over the suit land forcibly, otherwise than in due course of law. This revision has arisen in the following :-

(2.) BHAG Singh instituted suit for declaration against Amar Singh to the effect that the alleged allotment order dated 13.6.96 passed by the Tehsildar, Sales, Ambala in favour of Amar Singh qua land measuring 57 kanals situated in Village Gola Tehsil Barara as detailed in the heading of the plaint is illegal, null and void, ineffective, without jurisdiction and not binding upon him with consequential relief of permanent injunction restraining him from dispossessing him forcibly, illegally and unauthorisedly from the said land. It was alleged in the plaint that this land was originally let out to his father, by the Governor of Punjab on yearly rent of Rs. 7/- for ten years vide lease deed dated 14.4.1966. The entire lease money was paid by his father. Possession of the land was with his father since the execution of lease deed. It was further alleged in the plaint that as that land was of inferior quality, it was let out to his father at low rate of Rs. 7/-. His father spent huge amount and improved the land. His father died on 10.7.79. After his death, he came in possession as lessee as he is only legal heir of his father. He is in continuous possession of the suit land since then. It was further alleged in the plaint that Tehsildar Sales, Ambala allotted the land to the defendant vide order dated 13.6.96 without giving any notice to him. Alongwith the plaint, plaintiff made application for the grant of temporary injunction restraining the defendant from interfering with his possession forcibly, illegally and unauthorisedly.

(3.) AGGRIEVED by this order dated 26.9.96 Amar Singh went in appeal. Appeal was allowed by District Judge, Ambala vide order dated 7.9.98.