HARBANS SINGH Vs. RAJINDER RAJAN

JUDGEMENT

(1.) Harbans Singh plaintiff (petitioner in this revision petition) owns certain land situated in village Dakha, Tehsil and District Ludhiana, over which he has built a residential house as well as has planted a mango orchard. Respondent Rajinder Rajan proposes to install a brick-kiln for the manufacture of bricks in the land belonging to Mal Singh, respondent 2 which is in the vicinity of the plaintiff's land. According to the plaintiff, the said defendant-respondent has already applied to the District Food and Supplies Controller, Ludhiana for the grant of necessary licence for installation of the brick-kiln.

(2.) Feeling aggrieved against the proposed installation of the brick-kiln, the plaintiff filed a suit in the Court of the Subordinate Judge Ist Class, Ludhiana on 12th Dec. 1987 for the grant of permanent injunction restraining Respondent 1 from installing the brick-kiln in the land of respondent 2. An application for the grant of temporary injunction against the said respondent was also submitted by the plaintiff stating therein that according to the statutory provisions contained in the Punjab Control of Bricks Supplies Order, 1972, no brick-kiln could be installed in the locality having residential houses and within a distance of 700 metres from mango orchards or mango plantation and 100 metres from a garden or nursery.

(3.) The learned Subordinate Judge by his order dt. 12th Dec. 1987 appointed a Local Commissioner to visit the spot in order to give the exact picture about the existing nature of the property and also ordered that "the parties should maintain status quo with regard to the land in dispute till further order".