RADHA KRISHNA Vs. BRIJ KISHORE

JUDGEMENT

(1.) The short question which arises for consideration, in this case, is whether, a suit where only a relief for permanent injunction has been claimed is liable to be abated by reason of Section 5 (2) of U. P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(2.) The facts relevant for the purpose of the case are that the plaintiff/respondent filed Original Suit No. 342 of 1990 in the Court of Civil Judge, Mathura, seeking a relief for permanent injunction to restrain the defendant/petitioner from interfering in his possession or from taking possession forcibly and raising any construction over the land in dispute. During the pendency of the proceedings an application No. 24-Ka was moved by defendant/petitioner No. 1 with a prayer that suit is liable to be abated under Section 5 (2) of the Act as the village where the land in dispute is situate has been notified for consolidation operations.

(3.) The trial court, vide order dated 21.4.1993, allowed the application and abated the suit. The plaintiff/respondents filed a revision challenging the said order. The revisional court allowed the revision and set aside the order passed by the trial court which is under challenge in the present petition.