MOHINDER SINGH Vs. MOHAN SINGH

JUDGEMENT

(1.) THE petitioner has invoked the provisions of Article 227 of Constitution of India for setting aside the orders dated 24.2.2009 (Annexure P5) and 5.3.2009 (Annexure P-6) passed by the courts below.

(2.) BOTH the courts below held that the land involved in the suit was owned by the Gram Panchayat and formed part of Khasra No. 23//22/1, therefore, the plaintiff having no prima facie case in his favour was not entitled to grant of injunction.

(3.) THE defendant-petitioner (herein referred as 'the defendant') filed the written statement wherein he took some preliminary objections with regard to maintainability; locus standi; and concealment of the facts. On merits, it has been admitted that the suit property is owned by the Gram Panchayat and earmarked for the use of manure pits by the residents of the village and that the defendant having stored the manure is using the same for the last 35-40 years. The defendant has further submitted that since the plaintiff was threatening to encroach upon the suit property, therefore, he had to move an application to the authorities for conducting demarcation for protecting his possession. Along with the suit an application for ad-interim injunction was filed which was dismissed by both the courts below. Heard.