DARSHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Plaintiff-petitioners filed a suit for declaration to the effect that they are owners in possession of the land measuring 24 Kanals and 16 Marias as fuii; detailed in the head-note of the plaint and that defendant No. 2 has no jurisdiction to pass any order to deliver the possession of the land in dispute in favour of defendants 3 to 5. The case of the private defendants is that the land in dispute was allotted to them by the Consolidation Authorities on July 14, 1967 and that they are seeking the possession thereof from the Consolidation Officer.

(2.) Plaintiffs moved an application under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure praying that defendant No. 2 be restrained from dispossessing the plaintiffs from the suit land during the pendency of the suit. The trial Court by an order dated 1.12.1995 dismissed the application after coming to the conclusion that the plaintiffs have failed to prove a prima facie case In their favour and that no irreparable loss would be caused to them if they are dispossessed from the suit land during the pendency of the suit. An appeal against the said order was dismissed by the learned Additional District Judge, Sirsa by an order dated 10.1.1997. Hence this revision at the instance of the plaintiff-petitioners.

(3.) In response to the notice of motion having been issued, Mr. Gorakh Nath, Advocate put in appearance on behalf of respondents.3 and 4.