JOGINDER SINGH Vs. SANTOSH SINGH

JUDGEMENT

(1.) This revision petition is against the order of District Judge, Ropar whereby the order of the Additional Senior Sub Judge, Anandpur Sahib, passed under Order 39 Rules 1 and 2 of the Code of Civil Procedure has been reversed.

(2.) Briefly put the plaintiff filed a suit for recovery of Rs. 25,000/- as damages and for permanent injunction restraining the defendants from interfering with reconstruction and repairing work regarding the walls of the house marked as A B and B C in the site plan and part of the house shown as 'X' in the site plan; Chhaper shown as 'Y' marked with letters HEFG over an area comprised in Khewat No. 571, Khatoni No. 1723, khasra No. 114 as per jamabandi of the year 1988-89, which the defendants illegally demolished on 6.8.1991. By way of interim relief, the plaintiff prayed that they be permitted to reconstruct the walls of the house and Chhapper which was alleged to have been demolished by the defendants. The trial Court after carefully perusing the pleadings of the parties and the reply filed by the respondents in the application filed by the plaintiff under Order 39, Rules 1 and 2 of the Code of Civil Procedure, prima facie came to the conclusion that the plaintiff is in possession of the property in dispute. Since the plaintiffs made statement to the effect that they would reconstruct the demolished portion of the wall at their own expense and risk and would also remove the construction so raised at their own expense on account of being unsuccessful in the suit, the trial Court, keeping in view the facts of the case, allowed the plaintiff to reconstruct the fallen portion of the house in the occupation of the plaintiff vide order dated 26.11.91.

(3.) Feeling dissatisfied with this interim order, the respondents filed an appeal before the District Judge, who reversed the same vide order dated June 5, 1992.