SAT PAL Vs. GRAM PANCHAYAT

JUDGEMENT

(1.) THIS is a civil revision and has been directed against the order dated 10.2.1999 passed by the Addl. Distt. Judge, Ambala, who reversed the order dated 28.7.1998 passed by the court of Civil Judge (Jr. Divn.), who partly allowed the application under Order 39 Rules 1 and 2 CPC, and granted status quo.

(2.) THE case set up by the plaintiff is that he was in possession of the property on the date of the filing of the suit the Gram Panchayat was not in possession of the property. Civil Judge (Jr. Divn.) vide order dated 28.7.1998 granted status quo order by adopting the reason that both the parties are disputing the possession. The Gram Panchayat was not satisfied with the order of the trial court and it filed an appeal under Order 43, CPC, and the same was allowed for the reasons given in para-7 of the order dated 10.2.1999, which read as under :-

(3.) I am not in a position to subscribe to the argument of the counsel for the petitioner. The petitioner has not been able to show that on the date of the institution of the suit, he was in established possession. It is the case of the petitioner himself that the land belongs to the Gram Panchayat. The discussion of the first appellate court in this respect is that the petitioner was never in possession of the suit land on the date of institution of the suit. Rather, this land was being auctioned by the Gram Panchayat and for the year 1998-99, it was so auctioned in favour of Ram Kumar on payment of Rs. 1300/- and the possession was delivered. In these circumstances, it cannot be said that on the date of institution of the suit, the petitioner was in established possession. He has no, prima facie, case to succeed and I do not see any illegality in the impugned order of the first appellate court. No merit. Dismissed. Revision dismissed.