MOHINDER SINGH Vs. MANMOHAN NATH

JUDGEMENT

(1.) Defendant-respondents are admittedly the landowners. Plaintiff-petitioner claims to be tenant on the land in dispute measuring 40 Kanals 30 Marias on payment of l/3rd batai. He claims tenancy from the year 1982 onwards.

(2.) Apprehending his dispossession, he filed a suit in August, 1991 for permanent injunction restraining the defendants from dispossessing the plaintiff except in due course of law. Plaintiff also moved an application under Order 39 Rules 1 and 2 read with Section 151 CPC seeking ad interim injunction. Learned trial Court on a consideration of the matter by order "dated May 7, 1994 came to the conclusion that the plaintiff has no prima-/acie case and the balance of convenience is also not in his favour and that irreparable loss would be caused to the defendants in case the stay application is allowed. He consequently dismissed the application.

(3.) Plaintiff aggrieved by the order of the trial Court filed an appeal. Learned District Judge by the detailed order agreed with the conclusion arrived at by the trial Court and consequently dismissed the appeal. Hence this revision at the instance of the plaintiff.