LAWS(P&H)-1998-1-40

GRAM PANCHAYAT Vs. NARINDER KUMAR

Decided On January 14, 1998
GRAM PANCHAYAT Appellant
V/S
NARINDER KUMAR Respondents

JUDGEMENT

(1.) THIS petition has been directed against order dated 12. 8. 1997 passed by the District Judge, Ambala. By this order, the learned District Judge has set aside the order dated 24. 2. 1997 passed by the learned trial Court and has restrained the petitioner Gram Panchayat from interfering in the possession of the plaintiff over the property marked by letters ABCDEF as shown in red colour in the site plan attached with the plaint.

(2.) MR . Dinarpur, the learned counsel appearing on behalf of the petitioner submits that the learned lower Appellate Court has not given any reason for setting aside the well reasoned order passed by the learned trial Court. He submits that the learned lower Appellate Court could interfere in the order passed by the learned trial Court only if the lower Appellate Court had come to the conclusion that the learned trial Court had acted arbitrarily or perversely or capriciously or in disregard of sound legal principles or without considering all relevant records. In support of his submission, the learned counsel has placed reliance on two judgments of this Court in Guru Nanak Educational Trust (Regd.) v. Balbir Singh, (1995-2) 110 P. L. R. 625 and Maman Chand v. Smt. Kamla, 1995 P. L. J. 508.