Banwari Lal vs Shri Shiv Prasad

Bhagwati Prasad, J.—The present revision is filed against an order passed by the learned Addl. District Judge, Churu in appeal whereby injunction granted by the trial court was affirmed by the learned Addl. District Judge, Churu. It is admitted fact that on the piece of land the parties have no title. The only thing with the parties is possession. Where only possession is claimed, prayer of granting construction obviously is not within the domaine of the court. The court can at best say that party to raise the construction is beyond jurisdiction and to that extent orders of the court below is perverse and to that extent, the orders arc set aside. The parties will maintain the status quo during the pendency of the suit.

With the aforesaid modification, the revision petition is disposed of.