K A M SHERIFF Vs. RAMU REDDIAR

JUDGEMENT

(1.) THIS appeal is against an order of remand passed by the lower appellate court remitting the suit, O. S. No. 56 of 1969 to the trial court for fresh disposal.

(2.) THE plaintiff, appellant herein, filed a suit for a declaration that the revenue sale held on 16-12-1968 in respect of the suit property which belonged to him is void and for an injunction restraining the defendant, the purchaser of the property in that revenue sale, from taking delivery of the property. The plaintiff's case is that he had no arrears of land revenue or loan arrears, that in fact he had paid amounts in excess of the land revenue due by him, that by some mistake the suit property had been sold for recovery of certain alleged arrears of land revenue, that he had no notice of the proceedings under the revenue Recovery Act, that there was in fact no proclamation regarding the sale of the properties and, therefore, the revenue sale is null and void and not binding on him. In that suit, neither the State Government nor the officers who brought the property to sale have been made parties, but the suit has been filed only against the auction purchaser, the respondent herein.

(3.) THE defendant resisted the suit contending that since the validity of the revenue sale has been questioned on the ground that there was no arrears of land revenue, and that there was irregularity in the publication and the conduct of the sale, the State Government is a necessary party to the suit, that as the revenue sale has not also confirmed in his favour on the date of the suit, the suit is not maintainable. The defendant also contended that there must be a prayer for setting aside the revenue sale, and the relief by way of a declaration that the revenue sale is null and void cannot be granted and that there was in fact arrears of land revenue, that there was due service of notice on the plaintiff before the sale, that there was due proclamation in the village and that there is no irregularity in the publication and conduct of the revenue sale as alleged by the plaintiff.