RANJEET SINGH Vs. GRAM PANCHAYAT

JUDGEMENT

(1.) THE plaintiff has filed this petition under Article 227 of the Constitution of India for setting aside the order dated 14.3.2006 passed by Civil Judge (Jr. Divn.), Kurukshetra, whereby, his application under Order 39 Rule 1 & 2 CPC for interim injunction has been dismissed as well as order dated 28.3.2006 passed by Additional District Judge, Kurukshetra, whereby, the appeal filed by the petitioner against the said order was also dismissed.

(2.) IN this case, the petitioner claims himself to be in cultivating possession of the land comprising in khasra No. 2243 (4 -0), 2244/2 (4 -0), 2245 (3 -6) and 2246 (1 -6), which is 12 Bigha 12 biswas situated in village Singhore, Tehsil and District Kurukshetra. It is the case of the plaintiff that earlier the suit land was being cultivated by his grand father and after his death it was being cultivated by Telu Ram and Karta Ram, his uncle and father, respectively. It has been further stated that after their death, plaintiff is cultivating the suit land. It is alleged that the Gram Panchayat is neither the owner and in possession of the suit land nor it has ever planted any tress on the same.

(3.) THE learned trial court after taking into consideration the documents available on record came to the conclusion that as per the available revenue record, the plaintiff is not in possession of the suit land and his claim that he or his predecessors were in possession of the suit land from the last 50 years was found to be false and frivolous and consequently dismissed the application after coming to the conclusion that neither the plaintiff is having any prima facie case in his favour nor any balance of convenience lies in his favour. The first appellate Court while dismissing the appeal filed by the petitioner has observed as under: