BANWARI LAL Vs. SUKHDARSHAN DAYAL

JUDGEMENT

(1.) This appeal by special leave is directed against a judgment dated December 7, 1967 of a learned single Judge of the High Court of Allahabad, setting aside a decree of affirmance passed by the III Additional Civil Judge, Meerut.

(2.) An extensive area comprised in Plot No. 765 of Mauza Bhaunjar, Tehsil Ghaziabad, was sub-divided by the co-owners into small plots, as a part of a housing scheme called "Chandrapuri Colony". The case of the plaintiffs who on behalf of the various purchasers of the sub-plots, brought the present suit under Order 1, Rule 8 of the Code of Civil Procedure is that a representation was made to them that plot No. 19 will be reserved for bieng used in common as a Dharmashala and yet it was sold to one Manohari Devi who in turn sold it to the defendant. The defendant constructed a boundary wall around the plot, rendering impossible the use of the plot for common benefit. Plaintiffs therefore asked for a declaration that plot No. 19 was earmarked for a Dharmshala, for a permanent injunction restraining the defendant from interfering with the construction of a Dharmashala and for possession of the plot after demolition of the boundary wall.

(3.) Defendant denied that plot No. 19 was reserved for the use of a Dharmshala and contended that Manohari Devi who, under the sale in her favour had become an absolute owner of the plot was entitled to sell it to him.