PARSHOTAM SINGH Vs. BABU RAM

JUDGEMENT

(1.) This revision petition has been filed by the defendants against the order of the District Judge, Hoshiarpur dated 13th November, 1985.

(2.) Briefly the facts are that Babu Ram plaintiff instituted a suit for declaration and injunction alleging that he was an occupancy tenant under the defendants since 1949 and that they were trying to dispossess him forcibly. He further stated that by virtue of the provisions of the Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act he had become owner of the property. He also filed an application under Order 39, rules 1 and 2 of the Code of Civil Procedure for granting ad-interim injunction that the defendants be restrained from taking forcible possession of the property during the pendency of the suit. The defendants contested the suit and inter alia pleaded that the plaintiff was inducted as a tenant ghair marusi in 1952. Thereafter they instituted a petition for his ejectment in 1976 before the revenue authorities. He was finally ordered to be ejected by the Financial Commissioner vide order dated 3rd June, 1985. During those proceedings he did not claim that he was an occupancy tenant and had become owner by virtue of the Act. The trial Court granted ad-interim stay as prayed for by the plaintiff. The defendants went up in appeal before the District Judge who affirmed that order. They have come up in revision to this Court.

(3.) The learned counsel for the petitioners has vehemently urged that the plaintiff-respondent did not take any plea before the revenue authorities that he had occupancy rights in the land and had become owner thereof. The litigation regarding ejectment was started as far back as 1976 and he was finally ordered to be ejected by the Financial Commissioner in June, 1985. Now he has filed the present suit on frivolous grounds and obtained an injunction order. He further contends that he is not entitled to the ad-interim injunction in view of the aforesaid circumstances.