LAWS(P&H)-1972-2-1

FATTA JUGLAL HARIJAN Vs. KARTA BUDHU

Decided On February 16, 1972
FATTA JUGLAL HARIJAN Appellant
V/S
KARTA BUDHU Respondents

JUDGEMENT

(1.) FATTA, a Harijan of village Kurana, District Karnal, brought a suit against Karta and six others for a permanent injunction restraining the defendants from interfering with his exclusive right to the use of the carcasses of animals that die in the jurisdiction of the Gram Panchayat of this village. His allegations were that the Gram Panchayat had given the contract of removing these carcasses for a period of two years (from 24th March, 1970 to 23rd March, 1972) to him and he paid Rupees 4000/- for that purpose. Previously, this job of collecting all the carcasses of animals was entrusted to Karta, defendant, alone. Alongwith the suit, the plaintiff filed an application under O. 39, Rules 1 and 2, Code of Civil procedure, for issuing a temporary injunction to the defendants restraining them from collecting the carcasses of dead animals from the area of the Gram panchayat of this village.

(2.) THIS application was rejected by the trial Court mainly on the ground that the plaintiff had not been able to show a prima facie case in his favour. According to the learned Judge, the Gram Panchayat had no authority to create a lease of this kind in favour of the plaintiff.

(3.) AGAINST the dismissal of his application, the plaintiff went in appeal before the learned Senior Subordinate Judge, Karnal. He affirmed the finding of the trial court and dismissed the appeal. The plaintiff has come here in revision against that order.