LIKHMA DAS Vs. GOPAL DAS CHELA

JUDGEMENT

(1.) THIS revision has been filed by the defendants against the appellate order of the Additional Commissioner Jaipur, dated 27th August, 1957 reversing the interlocutory order of the S. D. O Kotputli dated 1. 5. 1957 whereby he had rejected the request of the opposite party for grant of a temporary injunction.

(2.) WE have heard the parties and have examined the record as well. The opposite party brought a suit against the applicant in the trial court for ejectment on the ground of commission of acts detrimental to the holding and grant of a permanent injunction. It was alleged in the plaint that the applicants had started construc-tions in the land without sanction of the opposite party; that they were digging pits and that they were about to make building of a pucca nature. It was alleged that these actions amounted to detrimental acts. The suit was contested on the ground that the defendants were the Khatedar tenants of the land in dispute; that they were entitled under the law to carry out works of improvement including houses for residential purposes and cattle shed and that they were not intending to do any detrimental act. The trial court had initially granted an interim stay order but on objections being raised by the applicants the same was vacated on 1. 5. 1957. The plaintiff went up in appeal before the learned Additional Commissioner who allowed the same and hence this revision.