SURAJMAL Vs. RAMDAYAL

JUDGEMENT

(1.) THIS is a plaintiff's revision directed against the order of the District Judge, Pali dated April 11, 1978 by which he dismissed die petitioner's appeal against the order dated April 6, 1978 passed by Munsiff Pali whereby maintaining the rejection of the petitioner's application under Order 39 Rules 1 and 2 read with Section 151 C.P.C. for the grant of temporary injunction.

(2.) THE plaintiff instituted a suit for permanent prohibitory injunction in the court of Munsif, Pali. The case of the plaintiff, as unfolded in the plaint, is that he is a Godolia Luhar, that he was allotted a piece of land in the year 1956 and that on a part of the land so allotted, he constructed his house and left the land open marked ABCD shown in red colour in the plan appended to the plaint open. This portion is the subject matter of dispute in the suit. His case further is that he has been residing in the house so built and has been doing his work of ironsmith upon the land in suit since 1956. In order to show his possession ever this disputed portion of land, it has been alleged that he has been keeping his tools and other materials upon it. His case it that when he come to know' that the defendants have been accorded permission for instruction or the land marked A B C D shown in red colour, it became necessary for him to institute the suit on March 29, 1978 The plaintiff -petitioner moved am application before the trial court Under Order 39 Rules 1 and 2 read with Section 151 C.P.C. praying that the defendants non -petitioners may be restrained from raising any construction on the land in suit and from dispossessing him It was also prayed that the defendants many be defected hot to interfere with the peaceful possession of the plaintiff on the land it dispute in support of this application the plaintiff -petitioner filed as affidavit of Shri Banshilal and Bajranglal. This application was resisted by the defendants and they filed a reply dated March 30, 1978. An affidavit of Ram Dayal defendant was submitted in support of the reply on April 5, 1978. The learned munsiff appointed Shri Ramesh Chandra Advocate as the Commissioner for submitting the Report after inspection of site' as to who is in actual possession of the land in suit. The Commissioner was directed to submit the report that very day oft April 5, 1978. A perusal of this repot of the Commissioner shows that he did not mention in it as to who is in actual possession over the land in dispute but he, however, clearly stated that on spot on the land marked ABCD some articles of the plaintiff made of iron were lying and they appeared to be old and rusted along with the paling the plaintiff submitted site plan the defendants submitted written statement on March 13, 1978 and along with the written statement they filed sale deed dated August 16, 1958 executed by the president Municipal Board Pali in favour of Bhuramal s/o Asulal representative of the entire khatri community of Pali original rent note dated Sawan Sudi 15, 2020 executed by the plaintiff petitioner in favour of the defendant Ramdayal in his capacity as Mukhiya of the Khatri Panchayat copy of the notice was given by the defendants to the plaintiff in July 25, 1957, acknowledgment evidencing the service of the notice and certified copy of the objections filed by the plaintiff in the Municipality dated October 11, 1977 and order of Municipal Board, Pali dated March 9, 1978. The learned Munsiff after hearing the arguments of the learned Counsel for the parties dismissed the application of the plaintiff for the grant of temporary injection.

(3.) AGGRIEVED by the order of the District Judge, Pali, the plaintiff petitioned has filed the revision as aforesaid.