DURGA DEVI Vs. GANESHI

JUDGEMENT

(1.) THIS is a civil revision and has been directed against the judgment dated 8. 6. 1996 passed by the Additional District Judge, Kurukshetra who accepted the appeal of defendant Shri Ganeshi set aside the order dated 6. 2. 1996 passed by the Court of Civil Judge (Sr. Division), Kurukshetra, who allowed the application of the plaintiff-petitioner Smt. Durga Devi under Order 39 Rules 1 and 2 of the Code of Civil Procedure.

(2.) THE brief facts of the case are that Smt. Durga Devi plaintiff-petitioner brought a suit for permanent injunction alleging that she is tenant of property No. 4 situated in Mohalla Majri, Shahbad, District Kurukshetra, as described in para No. 1 of the plaint under the Municipal Committee and has been paying the rent to the committee regularly but the defendant in collusion with the Municipal Committee forged and fabricated some documents regarding tenancy in his favour and wanted to dispossess her from the property without any lawful authority. She is using this property for residential purposes and also she is doing her business by ironing the clothes.

(3.) AGGRIEVED by the said order defendant Ganeshi filed the appeal under Order 43 Rule 1 of the CPC in the Court of Additional District Judge, Kurukshetra who vide impugned judgment dated 8. 6. 1996 accepted the appeal of defendant and dismissed the application under Order 39 Rules 1 and 2 of the CPC. Smt. Durga Devi has filed the present civil revision challenging the order of Appellate Court.