1. In this petition under Article 227 of the Constitution of India, challenge is made to the order of the Additional Civil Judge, Patan dated 22.9.2009 in Regular Civil Suit No.83 of 2008 as well as the order passed by the Principal District Judge, Patan dated 17.9.2011 in Civil Miscellaneous Appeal No.5 of 2010, whereby the request of grant of injunction in respect of the suit land has been rejected by both the Court consequently. Learned advocate for the petitioners urges that the possession of the suit premises had been already handed over and the tenancy proceedings between the parties hardly have anything to do with the outcome of this application. He further urged that since possession is with the petitioner, the Court ought to have protected the same.
2. Heard learned advocate for the petitioners and examined the orders impugned. Both the Courts below have neither believed the prima facie case of the plaintiff, nor they have found that any other ingredients necessary for protecting the plaintiff existed on the record of the case. The trial Court was of the opinion that material aspects have been suppressed by the plaintiff, which has also been confirmed by the appellate forum. On independent examination, it appears that the suit land is a new tenure land and without the permission, it could not have been transferred.
3. The agricultural land which has been depended upon by the plaintiff, for basing its entire claim, also makes a mention of the fact that ordinarily such land cannot be transferred and, therefore, in the presence of the relatives such transfer has been effected, knowing fully well that it is not permissible under the law. When such transfer has been effected and when both the Courts have consequently held against the plaintiff, there is no material evidence for this Court to interfere under Article 227 of the Constitution of India. In absence of any jurisdictional error or perversity warranting any interference at this stage, petition resultantly, is dismissed.
4. None of the observations made hereinabove shall affect the case of the either side.
(Ms.Sonia Gokani, J.) sudhir Top