SANJAY KUMAR Vs. MUNICIPAL COMMITTEE, BARWALA

JUDGEMENT

(1.) THE present revision petition has been filed against the order dated 24-04-2006 passed by the Additional District Judge, Hisar, vide which the appeal filed by the respondent-Municipal Committee against the order dated 8-09-2004 passed by the learned trial Court granting injunction in favour of the petitioner, has been allowed and the application moved by the petitioner under Order 39 Rules 1 & 2 of the CPC seeking temporary injunction against the respondent-Municipal committee has been declined.

(2.) THE learned lower Appellate Court reversed the findings of the learned trial Court by observing as under :-

(3.) . That para 5 of the plaint is wrong and is not admitted to be correct. It is correct that the plaintiff applied to take the disputed land and in this regard the Municipal Committee by passing resolution gave the disputed land on patta for 12 years for cultivation of herbal with some conditions and after that the plaintiff is continuing in possession of the disputed possession and at this time also the plaintiff is in possession as pattedar. 6. That in reply to para No. 8 of the plaint, it is stated that the plaintiff is in possession of the disputed land as pattedar." Thus, it would be clear that the learned lower Appellate Court has recorded a finding which is an outcome of misreading of the pleadings of the parties and, therefore, the impugned order cannot be sustained. Accordingly, the revision petition is accepted and the order of the learned lower Appellate Court is set aside and that of the trial Court is restored. Petition allowed.