To grant a temporary injunction, the petitioner must establish a prima facie case, balance of convenience, and irreparable injury, with courts favoring public interest when these elements are in conflict.

JUDGMENT :

Heard learned counsels for the parties.

2. This Miscellaneous Appeal has been preferred against part of the order dated 14.03.2023 passed by learned Sub-Judge-I, Saharsa (hereinafter referred to as “Trial Court”) in Title Suit No. 967 of 2022 wherein and whereby the injunction has not been granted by the learned Trial Court with respect to further construction of water tank and its related work on Schedule-2 land by the respondents. Both the parties have been directed by the learned Trial Court that except the land on which the water tank was being constructed and work related to it was carried out (i.e. on Schedule-2 land), no further construction work would be carried out on the remaining portion of land till further order.

3. The Title Suit No.967 of 2022 was filed by the plaintiff/appellant on 07.12.2022 seeking declaration of title over the suit land of Schedule no. 1 (total land measuring 2 bigha 7 kattha 14 dhur) and Schedule no. 2 (containing 8 kattha of Khesra no. 374 on which water tank is being constructed which is a part of Schedule no. 1) and recovery of possession over land of Schedule no. 2 on removal of defendants’ structure and for declaring the Jamabandi Cancellation Case as illegal.

4. The case of plaintiff/appellant is that his father namely Sita Ram Mandal came in possession of the suit land as owner on oral settlement by ex-landlord and used the land in manner he liked throughout his life and continued paying rent to the ex-landlord. The ex-landlord filed return in the name of Sita Ram Mandal treating him as raiyat of the said land. On death of Sita Ram Mandal, the plaintiff/appellant along with his five brothers became owner of the said land and on mutual partition, the suit land came into the exclusive share of the plaintiff/appellant and it exclusively belongs to him. During revisional survey, the plaintiff’s suit land had wrongly been recorded in the khata of the Government of Bihar. Further, the Government Officials and the Nagar Parishad Officials started construction of water tank over the plaintiff’s land (over 8 kattha of land of Khata No. 100 Khesra No. 374) and Jamabandi Cancellation Case No.131 of 2019 was initiated in the Court of Additional Collector, Saharsa wherein order dated 18.02.2020 was passed for cancellation of Jamabandi against which the plaintiff/appellant filed Jamabandi Cancellation Appeal No. 16 of 2021 in the Court of Collector, Saharsa which was set aside and remanded back to Additional Collector, Saharsa for fresh hearing who vide order dated 11.11.2022 passed an order for cancellation of Jamabandi in the name of the plaintiff/appellant and his father. Thereafter, considering no substantial relief in Jamabandi matter, the aforesaid suit was filed by the plaintiff/appellant. The injunction petition dated 23.12.2022 was filed by the plaintiff/appellant.

5. On hearing the parties and considering the documents on record and also considering the pleader commissioner’s report, the learned Trial Court vide impugned order dated 14.03.2023 disposed of the said injunction petition dated 23.12.2022 of the plaintiff in favour of plaintiff as the Court has to determine whether plaintiff has title on the land in question or not. On the point of balance of convenience, it was held that for 8 kattha of land on which the water tank was being constructed, the plaintiff had no possession and the balance of convenience leans in favour of the defendant and not