HANS RAJ Vs. HARYANA WAQF BOARD

JUDGEMENT

(1.) The present petition lays challenge to order dated 14.12.2015 (Annexure P-6) passed by the Civil Judge (Junior Division), Jagadhari dismissing application filed by the petitioner under Order 7, Rule 11 of the Code of Civil Procedure (for short Code of Civil Procedure ) for rejection of the plaint.

(2.) Kamal Kant respondent No.2 has filed a suit for permanent injunction restraining the defendants from interfering in his peaceful and cultivating possession of agricultural land measuring 138 kanals 13 marlas, detailed in head note of the plaint (Annexure P-1) on the plea that he is the chakotedar/pattedar/tenant since the year 2007-08 of Haryana Waqf Board (for brevity the Board )and has made various payments, detailed in the plaint. It has further been pleaded that he has planted popular trees and installed tube well in the land in question and has been paying electricity bills to the Electricity Department regularly.

(3.) The petitioner (defendant No.2) filed an application under Order 7, Rule 11 Code of Civil Procedure for rejection of the plaint that came to be dismissed by the trial court vide order impugned.