STATE OF H.P. Vs. PARKASHO DEVI

JUDGEMENT

(1.) This revision petition under Section 115 read with Section 151 of the Code of Civil Procedure is directed against the judgment/order dated 1.4.2000 passed by the learned District Judge, Hamirpur in Civil Miscellaneous Appeal No. 32 of 1998 whereby order dated 17.12.1997 passed by the learned Senior Sub Judge, Hamirpur allowing the application of plain tiff -respondent No.l (hereafter referred to as the plaintiff) under Order 39 Rules 1 and 2 CPC restraining the petitioner -defendant and proforma respondents -defendants 2 to 5 (hereafter referred to as the defendants) from interfering in the land in suit has been affirmed.

(2.) The plaintiff instituted a suit for permanent prohibitory injunction restraining the defendants from causing any interference in the land comprised in Khata No. 50, Khatauni No. 130, Khasra Nos. 989/978 measuring 5 marlas situate in chak Bhoranj Uparla, Teh. Bhoranj, Distt. Hamirpur (hereafter referred to as the suit land) on the grounds that she is the owner in possession thereof and the defendants who are strangers to the suit land are trying to interfere in her possession. Alongwith this suit, plaintiff moved an application under Order 39 Rules 1 and 2 CPC for grant of temporary injunction restraining the defendants from interfering with her possession over the suit land during the pendency of the suit.

(3.) The defendants contested the suit on the grounds that the suit land in fact is in possession of Block Samiti, Bhoranj since 1958 -59 which has planted fruits and ornamental plants thereon. Therefore, the claim of the plaintiff was denied and on similar grounds, the application under Order 39 Rules 1 and 2 CPC was also opposed.