In the court of the senior sub Judge, Ambala ----------Sham Sunder Dass & another Vs Union of India Suit

for declaration Application under order 39 Rules 1 & 2 read with section 151 CPC for issue of an ad-interim injunction till the decision of the suit. Sir, The Plaintiff submits as under: That the !laintiff has filed a suit for declaration that the notice of resum!tion issued b" the officers of the defendant is illegal ,#oid, unconstitutional and against the !rinci!les of $ustice and, therefore, %ungalo& 'o (),The *all, Ambala cantt, as detailed in the heading of the !laint, has not been legall" resumed and continues to be the !ro!ert" of the !laintiffs for the reasons & grounds set out in the !laint &hich the !laintiff cra#es the indulgence of the learned court to refer the same at the time of hearing and to form a !art of this a!!lication+ ) That the !laintiffs ha#e got a #er" good !rima-facts case in as much as no notice of resum!tion &as gi#en to the !laintiffs and at the same time no o!!ortunit" &as gi#en to the
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!laintiffs

to contest the same notice of

resum!tion nor to ascertain the !rice on &hich resum!tion can ta,e !lace+ A che-ue of #er" meager amount of .s /0 )/1- &as sent to the !laintiffs as against the mar,et #alue of the !ro!ert" in dis!ute+

That the defendants ha#e had no $urisdiction or !o&er to resume the !ro!ert" in dis!ute unless the !rice &as settled offered and !aid to the !laintiffs b" mutual agreement or b" the Tribunal+

That the balance of con#enience is also on the side of the !laintiff for the reasons that the house is a residential !ro!ert" &herein the !laintiffs are residing &ith their families and children and in case the defendant is not restrained from dis!ossessing the !laintiff, the !laintiff shall suffer an irre!arable in$ur" & loss besides shall be on the road+

That it is e4!edient and in the interests of $ustice that the status--uo be maintained and the defendant and its ser#ants be restrained from dis!ossessing the !laintiff till the decision in the suit+ If the defendants are allo&ed to dis!ossess the !laintiff during the
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!endenc" of the suit and ultimatel" the suit succeeds, there shall not onl" be multi!licit" of !roceedings and suits but the !laintiffs shall suffer an irre!arable in$ur" & loss+ / That the defendant has in e4ercise of its e4ecuti#e !o&ers issued a notice to the !laintiffs under the Public Premises56#iction of Unauthori7ed 6#iction8Act, 9: on the !resum!tion that the resum!tion is #alid and the !ro!ert" has become that of the defendant and the !roceedings are !ending before the *ilitar" 6state ;fficer, Ambala <antt: : It is, therefore, res!ectfull" !ra"ed that an ad-interim in$unction restraining the defendant and its ser#ants, *ilitar" 6state ;fficer and others from interfering &ith the !eaceful & la&ful !ossession of the !laintiffs of the !ro!ert" in dis!ute till the decision of the suit be issued+ An affida#it of one of the !laintiffs is enclosed here&ith+

-9-:3 Thro: counsel+ Sham Sunder Dass5Plaintiff8