LAWS(RAJ)-1995-8-7

RAM CHARAN Vs. NAWAB SINGH

Decided On August 04, 1995
RAM CHARAN Appellant
V/S
NAWAB SINGH Respondents

JUDGEMENT

(1.) THIS revision petition is filed under S. 115 of the C. P. C. against the judgment and order dated 7. 10. 1991, passed by the learned Addl. Distt. Judge, Dholpur, in Civil Misc. Appeal No. 7/1990.

(2.) SHRI Nawab Singh, the deceased plaintiff predecessor-in- title of the non-petitioners filed a suit in the Court of learned Munsiff, Badi, that the present petitioners wanted to oust him from his peaceful possession over the land in suit. He prayed for the interim relief of temporary injunction through an application filed under O. XXXIX Rules 1 and 2 CPC. The learned Munsiff, found no prima-facie case for grant of such relief in his favour. In appeal, however the learned Addl Distt. Judge, held that a prima-facie case for interim relief did exist in favour of the plaintiff-non-petitioner and accordingly issued an ad-interim injunction restraining the present petitioner from interfering with his possession over the property in question.