ARUN KUMAR Vs. PRITAM CHAND

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 1.11.2000 passed by the learned District Judge, Shimla in Civil Miscellaneous Appeal No.75 -S/14 of 1999 whereby the appeal of the petitioner/plaintiff (hereafter referred to as the plaintiff) against the order dated 10.12.1999 passed by the learned Sub Judge (V) Shimla dismissing the application of the plaintiff under Order 39 Rules 1 & 2 of the Civil Procedure Code (hereafter referred to as the Code), has been dismissed.

(2.) Brief facts leading to the presentation of this revision petition are that the plaintiff has instituted a suit for permanent prohibitory injunction restraining defendant No. 1 from making any encroachment on land comprising khasra No. 1583 situate in Up -Mahal Sanjauli Chowk, Tehsil and District Shimla and also from raising any construction on Khasra No. 1584 owned by defendant No. 1 without leaving the requisite set off area. The case of the plaintiff in brief is that the land compromising khasra Nos. 1580 to 1583 is jointly owned by him and some other persons and this land abuts the land khasra No. 1584 owned by defendant No.l. On khasra No. 1580 a double storyed house, which is in possession of the plaintiff, exists for the last about 30 years. Devendant No. 1 started construction over khasra No. 1584 and attempted to encroach upon khasra No. 1583 and also tried to cover the entire area of khasra No. 1584 under the construction without leaving any set back. It is further case of the plaintiff that after the preparation of the final Settlement records, defendant No. 1, in connivance with the Settlement staff, procured order for correction of revenue entries regarding khasra No. 1583 showing defendant No. 1 as the owner in possession of the said khasra number and that such an order has been passed at the back of the plaintiff and without notice to him.

(3.) Along with the suit, the plaintiff filed an application under Order 39 Rules 1 & 2 of the Code for giant of temporary injunction in terms of the relief as claimed in the suit.