Hon'ble Ram Surat Ram (Maurya),J.
1. Pooran Chand Manohari Devi Memorial Trust (the Respondent) filed original suit no. 1439 of 2009 for permanent injunction restraining the defendants from interfering with his possession over Khasra no. 77 area 476.86 square metre situated in village Kamalpur, District Meerut.
2. The plaint allegations are that:
The land in dispute belong to one Maya Devi widow of late Natthu Singh who is a religious kind of lady; She executed a registered gift deed dated 17.11.2009 in favour of plaintiff of the land in dispute; The plaintiff has become owner of the land in dispute on this basis; and The defendants illegally interfering with the possession of the plaintiff over the land in dispute.
3. In the suit an application for interim injunction was filed. The appellant filed their objection alongwith an affidavit in which they have taken the plea that: The land in dispute was used by the respondent for cremation ground and is a public utility land; Maya Devi had nothing to do with it.
4. The trial court after considering the affidavits have granted the temporary injunction restraining the defendants-appellants from interfering with the possession of the plaintiff. Hence the present appeal.
5. We have heard counsel for the appellant.
6. The property in dispute was recorded in the name of Maya Devi. She has executed a registered gift deed in favour of the plaintiff-respondent. The Amin, in his report has mentioned that he had not found any symbol of cremation on the land in dispute. Considering the entire aspect, the trial court held that: The plaintiff-respondent had prima facie case and balance of convenience was in their favour; In case no injunction was not granted it would suffer irreparable loss.
7. There is no illegality in the finding. The appeal has no merit.
8. The suit itself be decided expeditiously without being influenced with the observations made in this judgement or in the impugned judgement of the court below.
9. With the aforesaid observations, the appeal is dismissed.
Order Date :- 20.1.2012 BBL