PUSHPA PANDEY Vs. SALAUDDIN

JUDGEMENT

(1.) INSTANT revision under Section 115 of the Code of Civil Procedure is directed against the order dated 12-10-2001 passed by the Civil Judge Class I, ramanujganj, Ambikapur (CG) in M. J. C. No. 1 /2001, whereby the application filed by the non-applicants Nos. 1 and 2 under Order 9, rule 13 read with Section 151 of CPC was allowed and ex parte decree passed on 17th november, 1997 in Civil Suit No. 58-A/96 in favour of the applicant was set aside.

(2.) BRIEF facts of the case are that the plaintiff (applicant herein) filed a civil suit against the non-applicants Nos. 3 and 4 for the relief of declaration of title over the suit land Khasra No. 439/8 area 2. 023 hectare and house constructed thereon at village balrampur Pal Distt. Sarguja; for declaration to the effect that the order of the Additional Collector, Ambikapur dated 22-8-1992 in Revenue Case No. 98-A-19/91-92 whereby Patta granted by the Tehsildar in favour of the applicant, plaintiff was cancelled is illegal and void and deserves to be cancelled. Further relief of permanent injunction was also claimed against any disturbance in the peaceful possession of the plaintiff.

(3.) AS per the plaintiff, she is in possession of the suit land since 30 to 32 years and based on possession, Patta was granted by the Tehsildar in Revenue Case No. 38-A-19/85-86 on 14-7-1986 and the suit land was settled in her favour but the Additional collector illegally cancelled the said Patta. It was further' pleaded that threat is being given by the defendant No. 2 (non-applicant no. 3 herein) to damage the crop sown by the plaintiff.