RAM SINGH Vs. PUNJAB WAKF BOARD

JUDGEMENT

(1.) The plaintiff-petitioner filed a suit for permanent injunction restraining defendants from forcibly removing standing rice crop or interfering in any manner whatsoever in the actual cultivating possession of the plaintiff over land measuring 45 K 8 M except in due course of law. He alleged in the plaint that defendant No. 1 Punjab Wakf Board gave the land in, dispute to him on payment of Chakota for the year 1986-87 and for the year 1987-88 Chakota money was accepted by defendant No. 1. He also stated to have paid Chakota money in advance to defendant No. 1 for the year 1989-90 vide receipt dated 30.3.1989. He further alleged that he had cultivated the paddy crop in the suit land but defendant No. 1 without giving any notice to him, executed lease deed in favour of defendants No. 2 and 3 and on the basis of the same, the defendants are trying to dispossess him forcibly. Along with the suit, he also filed an application under Order 39, Rules I and 2, Civil Procedure Code, for grant of ad-interim injunction.

(2.) The suit as well as the application was contested by the defendants. Defendant No. 1 in his written statement admitted that the land in dispute was given to the plaintiff for the year 1986-87 on Chakota as also for the year 1988-89. The plaintiff had also paid Chakota money for the year 1989-90 but after giving notice to the plaintiff to receive back Chakota money for the year 1989-90, the land in dispute was leased out in favour of defendants No. 2 and 3. Defendants No. 2 and 3 in their joint written statement alleged that the land in dispute was never cultivated by the plaintiff and in fact was being cultivated by Maqood, Abdul Mazid and Abdul Azia on the batai of 1/2 share of produce. In the year 1989, these tenants relinquished their right in favour of defendants No.2 and 3 and thereafter they have been cultivating the land in dispute on lease under defendant No. 1 for the year 1989-90.

(3.) Learned trial Court, after relying on the admission made by defendant No. 1, as also on the Khasra Girdawari for the Khariff, 1988, granted injunction to the plaintiff till the expiry of lease period i.e. upto March, 1990.