PERMOD KOHLI, J. - (1.) THIS application is directed against the order dated 7th July, 2006, passed by the learned District Judge, Dhanbad, in Misc. Appeal No. 9 of 2006, dismissing the appeal, preferred by the present petitioner and thereby confirming the order dated 30th January, 2006, passed by the Munsif -II, Dhanbad, rejecting the prayer of the petitioner for interim injunction in Title Suit No. 151 of 2005.
(2.) IT is useful to notice the facts, relevant for the purposes of controversies involved in this petition. One Md. Idrish was the owner, in possession of the land, subject matter of the suit. This land was sold to Smt. Malti Devi vide registered sale deed No. 7095 dated 19th April, 1969. Malti Devi further sold this property to Sushil Kumar Sinha vide sale deed No. 3360 dated 6th April, 1981. The land was mutated in the name of Sushil Kumar Sinha in the records of Circle Officer, Nirsa and receipts were also issued. Petitioner, a company, purchases this land from Sushil Kumar Sinha vide sale deed No. 3816 dated 5th May, 1987 and on the strength of the sale deed, mutation was entered in his favour and revenue receipts were also issued. Petitioner -company constructed a godown on the suit property. It is alleged that the petitioner received a threat of forcible eviction and demolition of the construction. Petitioner claims to have made an application dated 7th November, 2005 to the Anumandal, Dhanbad Circle, Anchal -Nirsa, giving the details of its title and possession and requested for service of requisite notice before acquiring the property. This was followed by another letter by the petitioner -company. It is Stated that receiving no response, petitioner filed writ application being W.F. (C) No. 6235 of 2005 before the High Court of Jharkhand, Ranchi. This petition came to be disposed of vide order dated 29th November, 2005, suggesting the petitioner to approach civil Court of competent jurisdiction, as alternative remedy is available to it. Consequent upon the aforesaid observations, petitioner filed Title Suit No. 151 of 2005 before the learned Munsif -II, Ddhanbad. Along with the suit, an application for interim injunction was also filed, claiming protection of its possession. Learned Munsif after inviting objections from the defendents and rejoinder from the petitioner, dismissed the application for interim injunction vide its order dated 2nd March, 2006 and thereby refused to grant injunction. This order of the learned Munsif was made subject matter of challenge in Misc. Appeal under Order XLIII, Rule 1 of the Code of Civil Procedure before the District Judge, Dhanbad being Misc. Appeal No. 9 of 2006. The appellate Court also dismissed the appeal vides its order dated 7th July, 2006, concurring with the judgment of the trial Court. I have heard learned Counsel for the parties and perused the judgments impugned herein. The trial Court after noticing the respective pleadings of the parties observed: Since both the parties, plaintiff and defendants claimed to suit land as a rightful owner but this matter has to be decided on the basis of evidence adduced by the concerned parties.
(3.) EVEN after making this observation, the Court proceeded to observe that the transfer made in favour of the petitioner is an illegal transfer and does not confer any title. Accordingly, it refused injunction.;