LADHA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision petition has been filed by the plaintiff- petitioners (hereinafter referred to as the plaintiffs). The facts giving rise to this revision petition are as under: The plaintiffs filed the suit for declaration that they are the owners in possession of the land in dispute being the small landowners; that the land has been declared surplus without issuance of any notice to them. A further prayer has been made that the defendant-respondents (hereinafter referred to as the "defendants" be restrained from interfering in their possession and oust them from the land in dispute.

(2.) Defendants contested the suit and filed their written statement. The plaintiffs filed an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure for ad-interim injunction during the pendency of the suit restraining the defendants from interfering in their possession and oust them from the land in suit.

(3.) The trial Court vide its order dated November 26, 1989, granted the injunction prayed for primarily on the ground that the land in dispute was declared to be surplus without issuance of any notice to the plaintiffs.