HARI MOHAN Vs. KIRPA RAM

JUDGEMENT

(1.) This Revision Petition under Section 115 of the Code of Civil Procedure (hereinafter referred to as the Code) is directed against the judgment dated 28.9.1999 passed by the learned District Judge, Bilaspur whereby Civil Misc. Appeal No.2/96 preferred by the petitioner against the order dated 27.12.1995 passed by the learned Sub Judge 1st Class Bilaspur has been dismissed.

(2.) Brief facts leading to the presentation to this petition are that the respondent has filed a suit for declaration to the effect that he is owner in possession of the land comprising Khasra No. 138/47/1,138/47/2 and 138/47/3 measuring 5 Bighas 13 Biswas situate in village Gahar, Tehsil Sadar, District Bilaspur, H.P., on the ground that he had been in possession of the suit land prior to the grant thereof to the petitioner as Nautor and has become owner thereof by afflux of time. It has also been averred that the grant of Nautor in favour of the petitioner was illegal for varous reasons. Respondent has further prayed for permanent prohibitory injunction restraining the petitioner from interfering with his possession over the suit land. The respondent also moved an application under Order 39, Rules 1 & 2 of the Code for grant of temporary injunction.

(3.) The petitioner contested the suit on the grounds that he has been in possession of the land granted to him as Nautor which includes the suit land and the respondent had never been in possession of the suit land. The application was also contested on similar grounds and it was averred that the respondent is not entitled to the relief of temporary injunction as prayed for.