MALA RAM Vs. MUNICIPAL COUNCIL, BIDASAR & ORS

JUDGEMENT

(1.) Appellant-plaintiff has filed this appeal under Order 43 Rule 1(r) CPC challenging the impugned order dated 20.11.2014 passed by Additional District Judge, Sujangarh, District Churu, whereby the learned Court below has rejected his application for temporary injunction in a suit for declaration, possession and perpetual injunction.

(2.) The facts, in brief, are that the appellant-plaintiff laid a civil suit, before the learned Court below for claiming aforementioned reliefs, pertaining to land which is part of the land for which Patta was allegedly issued in the name of father of the appellant by the Erstwhile Princely State. The case of the appellant, as set up in the plaint, is that part of the land was given on licence to the defendant for maintaining his livestocks and now the defendant has made an overt act & there is every likelihood that he may alienate the said property on some false pretexts. Along with the suit, an application under Order 39 Rule 1 & 2 CPC is also filed by the appellant-plaintiff claiming the relief of temporary injunction seeking restraint order against the defendant not to alienate the suit property during the pendency of the suit. The application for temporary injunction is contested by the respondent-defendant while questioning the title of the appellant-plaintiff. It is also averred in the return that the alleged Patta, on the strength of which appellant is claiming title over land in question, is a spurious documents. A reference is also made that earlier the plaintiff filed a suit against Bhanwar Singh and others before the Civil Judge, (Jr. Div.) Sujangarh pertaining to some other part of the same land, but in that suit there was no reference about the Patta issued in the name of father of the appellant by the Erstwhile Princely State. The learned Court below, on consideration of the rival submissions, has recorded a categorical finding that the appellant-plaintiff has not been able to prove prima facie case in his favour for grant of temporary injunction. On the other ingredients necessary for grant of temporary injunction, namely, balance of convenience and irreparable loss also, the learned Court below has recorded finding against the appellant and consequently declined the prayer for temporary injunction.

(3.) I have heard learned counsel for the parties and perused the impugned order.