TEJ KARAN Vs. SUSHIL KUMAR

JUDGEMENT

(1.) THE plaintiff revisionist filed a suit against the defendant opposite party in the Court of Munsif, Bikaner for permanent injunction restraining defendant from making construction over the area known as 'chowki' outside his residential house which is adjacent to the plaintiffs house. THE permanent injunction was claimed on the ground that the plaintiff has a right of easement of light and air from the area known as 'chowki' which is lying open. It was also claimed on the ground that the Municipal Council, Bikaner ha refused permission for raising construction over the same but despite refusal of permission to raising construction over the disputed land the defendant was illegally making constructions on the open land popularly known as 'chowki'.

(2.) AFTER service of notice the defendant opposite party filed an objection opposing application moved by the plaintiff revisionist under 0. 39 r. 1 and 2 CPC on the ground inter alia that the house of the plaintiff revisionist is not adjacent to his house. The land in dispute popularly known as 'chowki' is not a government land but it belongs to the defendant opposite party which he obtained by patta. Regarding refusal of permission by Municipal Council, Bikaner a evasive reply has been given by the defendant opposite party stating therein that he is seeking relief before the Municipal Council, Bikaner.

(3.) THE present revision was filed on 23. 2. 93 before this court and a notice was issued to the defendant opposite party to show cause as to why this revision should not be admitted and disposed of. It is important to mention that on the same day following ad-interim stay order was passed : - "meanwhile, the status-quo as operating on the date of service of this notice will be maintained by the parties. "