PRITAM KUMAR Vs. NAGAR PALIKA

JUDGEMENT

(1.) This revision petition has been filed by the plaintiffs against the order of the Additional District Judge, Hissar dated 18th October, 1984.

(2.) Briefly the facts are that plaintiff No. 1 had placed Khokha No. 97 and plaitiff No. 2, Khokha No. 91 on the sites taken by them on teh- bazari at the rates of Rs. 60/- p.m. and Rs. 36/- p.m. respectively from Nagar Palika (Municipal Committee), Ratia defendant. It is pleaded that the defendant was threatening to dispossers the plaintiffs from the Khokhas. Consequently they filed a suit for injunction that the defendant be restrained from dispossessing them from the Khokhas otherwise than in due course of law. They also filed an application for temporary injunction under Rules 1 and 2 of Order 39 of the Code of Civil Procedure for granting them ad interim injunction. The defendant contested the suit and in the written statement pleaded that the plaintiffs were licensees and it had the right to revoke the licence. It was further pleaded that after revocation of the licences the plaintiffs had no legal right to remain in possession of the sites. It also contested the application for ad interim injunction. HIGH COURT

(3.) The trial Court, vide order dated 22nd October, 1982 confirmed the ex parte injunction restaraining the defendant from removing the Khokhas of the plaintiffs otherwise than in due course of law. The defendant went up in appeal before the Additional District Judge, Hissar who accepted the same, set aside the order of the trial Court and dismissed the application for ad interim injunction. The plaintiffs have come up in revision to this Court.