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2006 Supreme(P&H) 579

PUNJAB & HARYANA HIGH COURT
Hemant Gupta, J.
Jagir Kaur
Versus
Swaran Singh
C.R. No. 996 of 2006,
Decided On : FEBRUARY 21, 2006

The plaintiff's entitlement to seek injunction based on the alleged threat of dispossession must be supported by evidence.

Headnote:

Revision - Property Dispute - The court dismissed the plaintiff's application for injunction, finding that there was no evidence of threat from the defendant to illegally dispossess the plaintiff. The court held that the defendant's stand of not dispossessing the plaintiff except in accordance with the law did not warrant the plaintiff to seek injunction.

Fact of the Case:

The plaintiff sought injunction against the defendant, alleging that the defendant threatened to dispossess her from the suit property given to her by Baba Madan Gopal.

Finding of the Court:

The court found no evidence of threat from the defendant and dismissed the plaintiff's application for injunction.

Issues: Alleged threat of dispossession, Application for injunction under Order 39 Rules 1 and 2 CPC

Ratio Decidendi: The court held that the defendant's stand of not dispossessing the plaintiff except in accordance with the law did not warrant the plaintiff to seek injunction.

Final Decision: The revision petition was dismissed in limine.

Judgment

1. The plaintiff is in revision aggrieved against the order passed by the learned Additional District Judge on 14/1/2006, whereby the appeal filed by the defendant was accepted and the application filed by the petitioner under Order 39 Rules 1 and 2 CPC was dismissed.

2. It is the case of the petitioner that Baba Madan Gopal has given the suit property and the land appurtenant thereto, to the plaintiff for her residence and livelihood. It is the stand of the defendant that the defendant is not giving any threat to the plaintiff to illegally and forcibly dispossess her and that he will take possession from the plaintiff in accordance with law. Baba Madan Gopal, from whom the plaintiff has alleged the licence, has since died. The defendant has filed a counter claim in the suit for injunction filed by the plaintiff. It is the case of the defendant that he will not dispossess the plaintiff, except in accordance with law. Therefore, there is nothing on record to show that there is any threat, inspite of such categorical stand of the defendant, which may entitle the plaintiff to seek injunction in the facts of the case.

3. Consequently I do not find any material illegality or irregularity in the impugned order, which may warrant interference by this Court in exercise of its revisional jurisdiction. Hence, the present revision petition is dismissed in limine.

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