TEJ SINGH AND ORS. Vs. SHASHI PAL

JUDGEMENT

(1.) Present civil revision petition is filed under Sec. 115 of Code of Civil Procedure 1908 against the order of learned Civil Judge (Senior Division) Mandi announced in Civil Suit No. 52 of 2014 dated 30.4.2015 whereby learned trial Court allowed two applications i.e. application under Order 7 Rule 14 (3) CPC and second application under Order 26 Rule 9 read with Sec. 151 CPC.

(2.) Shashi Pal non -revisionist filed suit for permanent prohibitory and mandatory injunction under Specific Relief Act 1963 pleaded therein that non -revisionist is co -owner in possession of Khata -Khatauni No. 13/18, Khasra No. 457 measuring 0 -5 -0 bigha, situated in Mauja Bhargaon Sub Tehsil Kotli District Mandi H.P. as per jamabandi for the year 2008 -09. It is further pleaded that revisionists are co -owner in possession of Khata Khatauni No. 76/100 khasra No. 458 along with their brother, mother and sister measuring 0 -4 -0 bigha situated in Mauja Bhargaon Sub Tehsil Kotli District Mandi H.P. as per jamabandi for the year 2008 -09. It is further pleaded that between boundaries of khasra No. 457 and 458 there is a land comprised in khasra No. 456 recorded in the ownership of Government of Himachal Pradesh. It is further pleaded that non -revisionist is serving in Indian Army in Assam Rifles and presently posted at Imphal (Manipur) and family of non -revisionist is residing in the house situated in khasra No. 457. It is further pleaded that revisionists with malafide intention and ulterior motive and in order to cause injury to the non -revisionist and his family members w.e.f. 10.7.2013 dug and excavated the Government land comprised in khasra No. 456 by way of deploying JCB Machine and also excavated and dug the land in khasra No. 456 in unscientific manner and caused imminent danger to the residential house of non -revisionist which would fall at any time. It is further pleaded that non -revisionist also reported the matter to Superintendent of Police Mandi H.P. and D.F.O. Mandi and non -revisionist sought relief of permanent prohibitory injunction restraining the revisionists from digging or excavating the land comprised in khasra No. 456. Non -revisionist also sought additional relief of mandatory injunction directing the revisionists to restore the land comprised in khasra No. 456 to its natural condition by way of providing retaining wall to protect the house of the non -revisionist.

(3.) Revisionists filed written statement pleaded therein that suit is not maintainable and non -revisionist has no locus standi to file and maintain the suit. It is further pleaded that non -revisionist has no cause of action and suit is bad for nonjoinder and mis -joinder of parties. It is further pleaded that the suit be dismissed with special costs as provided under Sec. 35 Code of Civil Procedure 1908. It is further pleaded that no excavation conducted by the revisionists upon khasra No. 456 and it is further pleaded that only excavation has been conducted by the revisionists upon their own land comprised in khasra No. 458. It is further pleaded that revisionists did not excavate and dig khasra No. 456 in un -scientific manner as pleaded in the plaint. It is further pleaded that on the contrary non -revisionist himself has encroached upon khasra No. 456 belonging to Government of Himachal Pradesh and raised construction over khasra No. 456. It is pleaded that khasra No. 456 belongs to Government of Himachal Pradesh and non -revisionist has no legal right or locus standi to seek any permanent prohibitory injunction upon khasra No. 456 relating to Government of Himachal Pradesh. It is further pleaded that non -revisionist has no cause of action. Prayer for dismissal of suit sought.