( 1 ) THE plaintiff brought a suit, against the Mandi Committee Gulabganj, Bhilsa, alleging that on his field (the Survey numbers of which are 133 and 135/3), and the area of which is 21 Bighas 16 Bishwas) the Mandi Committee had made an encroachment and that it wanted to establish a bullock-cart part there. With this end in view, the Mandi Committee had had the grass standing in the field cut. In the written statement the Mandi Committee stated that proceedings for the acquisition of the land were pending and while denying that they dispossessed the plaintiff of the land, it was admitted that they had got 2 or 3 Bighas of the ground cleared of the grass. The suit is thus in respect of a trespass that the defendant has committed and the plaintiff sought a perpetual injunction against the Mandi Committee. The trial court decreed the suit, holding that the land in dispute belonged to the plaintiff and that the defendant's encroachment was not lawful. The trial court also issued a perpetual injunction against the Mandi Committee. On an appeal being filed by the mandi Committee, the District Judge, Guna; allowed the appeal with costs and set aside the perpetual injunctio