VINOD BHALLA Vs. J&K HOUSING BOARD AND ORS.

JUDGEMENT

(1.) This revision is directed against the order dated 11.01.1995 passed by the Court of District Judge, Jammu, in Miscellaneous Appeal No. 57/Misc. Appeal, where-under appeal has been allowed, interim order passed by the Court of Sub Judge (CJM), Jammu on 23.08.1994 has been set aside. The respondent Board has been directed not to transfer the property covered by the lease deed during the pendency of the suit with further clarification that same shall not construe to mean that any construction illegally raised is also to be protected. On the presentation of this revision petition, operation of the order of District Judge, Jammu dated 11.01.1995 has been stayed and parties directed to maintain status quo as is clear from the interim order recorded on 29.03.1995.

(2.) Basically regarding strip of land measuring 440 Sq.ft. adjoining Raja Workshop Housing Colony, Shastri Nagar, Jammu, allotment order was issued in favour of revisionist (Vinod Bhalla) by the respondent Board on 24.03.1994. A lease deed was executed and registered by Sub-Registrar, Jammu on 4th April, 1994 but subsequently said lease deed has been cancelled with effect from 18.5.1994.

(3.) The revisionist filed a suit for permanent prohibitory injunction for restraining the respondent Board from cancelling the lease deed and from causing any interference with his possession over the suit land. Along side, an application for grant of ad-interim relief had also been filed. Trial court (Sub Judge/C JM, Jammu) after dispensing with service of notice prior to the grant of relief in terms of Order 39 Rule 3-A CPC, granted interim relief to the effect that the respondents (non-applicants therein) shall not interfere in the peaceful possession of the revisionist(applicant therein). The said direction was subject to objections.