GURCHARAN SINGH Vs. DISTRICT/CHIEF AGRICULTURAL OFFICER

JUDGEMENT

(1.) THE present revision has been filed to challenge the order of the learned first Appellate Court dated 8. 11. 1995.

(2.) THE plaintiff Gurcharan Singh had filed a suit for injunction on the basis that he was in possession of the suit-land and had constructed a workshop. His undisputed possession for the last twelve years had given him a right in the property and he was not liable to be dispossessed by the department of Chief Agricultural Officer, Jalandhar, who was one of the defendants in the suit. The suit was contested by the defendants. They had taken up a preliminary objection with regard to the maintainability of the suit for want of notice under Section 80 of the Civil Procedure Code. On merits, it was stated that the plaintiff was a trespasser in the premises and as such he had no right in equity or otherwise.

(3.) THE learned first Appellant Court while setting aside the order of the trial Court directed the plaintiff to vacate the premises within 30 days and consequently to give possession to the defendants in the suit. At this stage, it may be relevant to refer to the relief granted by the first Appellate Court in the appeal :" In the ultimate analysis of my above discussion I accept the appeal and vacate the impugned order of status quo granted by the learned trial Court and direct the plaintiff/respondent to vacate the site in dispute within 30 days from today. However, it is made clear that my above observations are confined to the disposal of this appeal having no bearing on the merits of the case. Parties are directed to appear before the trial Court on 8. 12. 1995. File be consigned to record room.