LAWS(ALL)-2013-7-319

MUNNI DEVI Vs. RAM DULAREY

Decided On July 23, 2013
MUNNI DEVI Appellant
V/S
RAM DULAREY Respondents

JUDGEMENT

(1.) Heard Mr.Hari Om Singh, learned Counsel for the petitioner and Mr.Sushil Kumar Rastogi, learned Counsel for the respondent.

(2.) Though the instant writ petition, the petitioner prays for quashing the impugned judgment and order dated 11.8.2000 passed by the District Judge, District Kherin in Revision No.4 of 2000, contained in Annexure No.4 to the writ petition.

(3.) In brief, the case of the petitioner is that Chandra Moli Misra was the owner of building situated in Mohalla Idgah. After the death of Chandra Moli Mishra, Smt. Munni Devi became owner of the property in question. As the respondent was not paying rent since Feb., 1981, a notice of demand was sent to the respondent. Thereafter, Smt. Munni Devi filed a SCC No.3 of 1998 in the Court of Civil Judge (J.D.). Respondent filed a written statement inter alia pleading that the building in dispute is part of a Mandir and a public well. Thereafter, the Civil Judge (J.D.) by a judgment and decree dated 6.5.2000 decreed the Suit. When the respondent filed a Revision No.4 of 2000, the Revisional Authority while allowing the Revision dismissed the Suit vide order dated 11.8.2000.