RAMA NAND Vs. HIRA LAL

JUDGEMENT

(1.) This is a plaintiff's appeal, arising out of a suit for declaration and permanent prohibitory injunction.

(2.) The facts giving rise to this appeal are these: The plaintiff-appellant, Rama Nand, who shall hereinafter be referred to as the -plaintiff-, instituted O.S. No. 390 of 1985 in the Ex-Court of Munsif Havali, Varanasi, seeking a declaration to the effect that the proceedings of revenue sale dtd. 4/12/1982 and the sale letter based on it relating to land, detailed at the foot of the plaint, be declared void and a decree of permanent injunction granted, restraining the defendant respondent, Hira Lal (for short, -the defendant-) from interfering with the plaintiff's possession over the suit property or changing its nature and character.

(3.) The plaintiff's case is that Smt. Usha Devi brought proceedings against him under Sec. 125 Cr.P.C. in the Court of the Metropolitan Magistrate, Kanpur Nagar seeking award of maintenance. In the maintenance case aforesaid, the Magistrate passed an ex parte order, granting maintenance to Smt. Usha Devi on 13/1/1982. The ex parte maintenance order dtd. 13/1/1982 was passed against the plaintiff. The plaintiff, upon coming to know of the ex parte order, made an application to the Metropolitan Magistrate, Kanpur Nagar, seeking to set aside the sale. The Magistrate on 17/5/1982 allowed the plaintiff's application and set aside the ex parte maintenance order dtd. 13/1/1982. In the meantime, on the basis of the ex parte maintenance order dtd. 13/1/1982, the defendant, in connivance with the Tehsildar and Naib Tehsildar, Varanasi, brought the plaintiff's immovable property, detailed at the foot of the plaint (for short, 'the suit property') to sale on 4/12/1982. The plaintiff's wife applied for the recovery of dues under the ex parte maintenance order. The plaintiff did not know anything about the revenue sale held, creating rights in favour of the defendant.