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1984 Supreme(P&H) 20

RAJENDRA NATH MITTAL, S.P.GOYAL
Sadhu Ram – Appellant
Versus
Gram Panchayat, Pastana – Respondent


Judgment

RAJENDRA NATH MITTAL, J.

1. The plaintiff has filed this revision petition against the order of the District Judge, Karnal, D/- 9th Feb., 1982.

2. Briefly, the case of the plaintiff is that he was in possession of the land as tenant under the Smadh Baba Bhagwan Gir Sahib on payment of Rs. 2325/- as yearly rent. The defendant wanted to forcibly dispossess the petitioner from it. Consequently, he filed a suit for permanent injunction that the defendant be restrained from interfering in his peaceful possession of the land or auctioning it to any other person. In the suit, an application for ad interim injunction restraining the defendant to take possession of the land during the pendency of the suit was also filed by him. The defendant contested the application and pleaded that it was in possession of the land and had been leasing out the same to different persons. It also pleaded that the plaintiff had concealed the true facts and, therefore, he was not entitled to ad interim injunction.

3. The trial Court held that the plaintiff was in possession of the land but dismissed the application regarding ad interim injunction on the ground that he concealed material facts. On appea









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