MAMAN CHAND Vs. KAMLA

JUDGEMENT

(1.) This petition is directed against the order of injunction dated 12.6.1995 passed by the District Judge, Bhiwani, which he passed while reversing the order dated 9.12.1994 passed by the Sub Judge 1st Class, Charkhi Dadri.

(2.) Suit filed by respondent Kamla Devi for permanent injunction against the petitioner from interfering in her possession over the disputed land and also against the raising of construction in the plot measuring 1 Kanal 1 Maria falling in Khasra No. 488 Khatoni No. 627 is pending in the Court of Sub Judge 1st Class, Charkhi Dadri. The respondent filed an application under Order 39 Rules 1 and 2 read with Sec. 151, Code of Civil Procedure, for grant of temporary injunction. The defendant -petitioner contested the application and challenged the locus standi of the plaintiff -respondent. After considering the rival cases, the learned Sub Judge dismissed the application. However, in appeal the learned District Judge, Bhiwani reversed the order of the trial Court and granted injunction in favour of the plaintiff -respondent restraining the petitioner from raising any construction on the disputed property.

(3.) First contention of Shri Goel is that the learned appellate Court has acted without jurisdiction in reversing the order passed by the trial Court. Elaborating this contention Shri Goel urged that the appellate Court had no jurisdiction to set aside the order of the trial Court without recording a specific finding that the order of the trial Court was erroneous in law or was perverse. Second contention of Shri Goel is that the trial Court had given cogent reasons for refusing the relief of injunction to the respondent, but the appellate Court has upset that order merely on conjectures and if the order of the appellate Court is not set aside the petitioner would suffer substantial injustice.