BACHCHA SINGH Vs. DISTRICT JUDGE, BALLIA AND OTHERS

JUDGEMENT

(1.) HEARD counsel for the parties and perused the record. The brief facts of the case are that Misc. Appeal No. 42 of 1987, Bachcha Singh v. Parmeshwar Bhaiya and 136 others, related to the land of village Taranpur arose out of O.S. No. 110 of 1987 filed by Bachcha Singh for restraining Parmeshwar Bhaiya and 136 others from interfering with the peaceful possession of tenure -holders of village Taranpur.

(2.) THE other appeal Misc. Appeal No. 85 of 1987 (previously defective appeal No. 32 of 1987) Ram Chandra Lal also related to refusal of interim injunction but in O.S. No. 43 of 1987 filed by him for cancellation of sale -deed executed by him in favour of Parmeshwar Bhaiya of land in village Haibatpur. Thus the nature and subject matter of the two suits were different i.e. the suit No. 110/87 by Bachcha Singh was for injunction, while the other suit No. 85/87 by Ram Chandra Lal was for cancellation of sale -deed executed by him. They related to different properties situate in different villages. The facts, subject matter, nature, villages and land involved and the parties, except the defendant Parmeshwar Bhaiya and his relatives of the two suits in the two appeals were totally different. Bachcha Singh and Ram Chandra Lal have no concern with each other or the suit or appeal of another.

(3.) IT is not in dispute between the parties that both these appeals were decided on particular facts of their case. The Misc. Appeal No. 42 of 1987 Bachcha Singh v. Parmeshwar Bhaiya and 136 others was allowed after hearing both the parties on merits. Misc. Appeal No. 85 of 1987 (previously defective appeal No. 32 of 1987 in which the petitioner had no concern nor was he a party thereto) was dismissed without the counsel who was present arguing it.