- (1.) This Civil Revision Petition has been filed against the appellate order dated 10-9-1997 passed by the Addl. District Judge No. 2, Bikaner in C.M.A. No. 109/96 thereby dismissing the appeal of the plaintiff-petitioners and affirming order dated 17-8-1994 passed by the Civil Judge (JD), Bikaner, who had disallowed application for temporary injunction filed by the appellant-petitioners.
(2.) Briefly stated, the facts giving rise to the present petition are as follows : The plaintiff-petitioners filed a suit for permanent injunction in the trial Court and so also moved an application for temporary injunction with a prayer that the defendant-respondent be restrained from interfering with the possession of the petitioners by way of dispossing them from the suit premises which are five shops described as 19-G, 19-H, 19-I, 19-J and 19-K situated near the Jassu Gate, Bikaner. Besides, it may also be mentioned that plaintiffs' case is that plot of land measuring 10 x 100 ft. whereat the suit premises are presently, constructed and located, was in the exclusive use and possession of the plaintiffs for more than last 30 years and during the beautification campaign started by the defendant-respondent, the U.I.T. authorities decided to regularize the possession of the persons who were in occupation of plots in the said area and, accordingly, the defendant proposed to the plaintiff that the U.I.T. would be construting shops on the area measuring 10 x 100 ft. which were in possession of the plaintiffs and in case the possession was handed over to the U.I.T., after construction of shops on the same land, five shops would be allotted to the plaintiffs alone. The U.I.T. constructed ten shops on the land and the present dispute relates to five shops which the defendant is alleged to have promised to be allotted to the plaintiffs alone which are located and distinguished by Nos. 19-G, 19-H, 19-I, 19-J and 19-K. The plaintiffs also applied for allotment of these five shops to them according to rules and, as a result of negotation, Shop No. 19-G was already regularised in the name of the plaintiff Ganesha Ram while application for allotment of other four shops were pending with the U.I.T. Besides, it was also claimed that the plaintiffs were in possession of a plot measuring 27 x 10 ft. whereat they were storing and carrying on the business of fodder and the same was being used as a "TAL". The U.I.T. in its meeting dated 6-11-1986 decided to regularise six shops in the name of the previous occupant in the same area.
(3.) Previously, the U.I.T. served the plaintiffs with a notice dated 5-1-1981 that they should appear before it and explain their unauthorised occupation of the disputed land and, on appearance and explaining the background of the possession and their claim, the U.I.T. decided to allot two shops 19-G and 19-H in the names of Ganesha Ram and Bhanwar Lal plaintiffs whereas allotment of three other shops in the names of their co-plaintiffs, the matter was kept pending and reports and comments in respect thereof were asked for and, lastly, on 15-6-1992 it was reported that Satya Narayan and Nand Kishore were also in possession of the land whereat the shops were contructed, as above, and the matter of regularisation of shops in the names of Satya Narayan and Nand Kishore were pending on the ground of their old possession on the disputed land which could not be regularized so far.;