R.A. Sharma

1. Petitioners filed a suit for permanent injunction, in the court of learned Civil Judge, Nainital, for restraining the defendants (State Government and four others) from interfering with their possession on the land in dispute. In that suit the petitioners also made an application for interim injunction under Order 39 Rule 1 CPC so as to restrain the defendant-respondents from interfering with their possession over the property in dispute, during pendeney of the suit. The case set-up by the petitioners before the court below was that they are in possession of about 400 Acres of land of the Government for the last about eight to ten years and are entitled to continue in possession in view of the policy of the Government of allotting the land to the weaker section of the public. The defendants, while opposing the relief of the plaintiff-petitioners, controverted the allegations made by the petitioners and urged that the petitioners have formed a gang and are trying to usurp the land in dispute which is part of the reserve forest of the Government of U. P. In this connection the defendants have stated that there is vast agricultural land in the name of some of th