- (1.) The respondent-plaintiff has been unnecessarily dragged to this Court by the petitioners-defendants Gram Panchayat village Brahampura, Tehsil and District Taran Taran, by way of this present Revision challenging the order of status quo passed by the Appellate Court.
(2.) The trial Court while disposing of the application under Order 39 Rules 1 and 2 of the Code of Civil Procedure, virtually determined the fate of the suit itself by making an observation that the respondent-defendant was not entitled to the benefit under the SGSY scheme as he was not eligible to claim benefit under that scheme. The trial Court is not supposed to make such an observation while dealing with the interim application moved by the plaintiff under Order 39 Rules 1 and 2 of the Code of Civil Procedure.
(3.) The trial Court was simply guided by the Jamabandi wherein the name of the defendant was incorporated as owner in possession during the year 2006-07, completely ignoring the resolution which was produced by the plaintiff to show prima facie that he had been let into possession of the subject property by virtue of the resolution.;