MOOL CHANDRA JAIN Vs. JAGDISH CHANDRA JOSHI

JUDGEMENT

(1.) A decree for perpetual injunction was passed in Original Suit No. 1 of 1948 in the Court of the district Judge of Kumaun on 8-7-1949, restraining the defendants and others from claiming any right over the part of Badreshwar property specified in the schedule attached to the plaint or using it for any purpose whatsoever without the plaintiffs' permission. The plaintiffs were jagdish Chandra Joshi and others, while the defendants were ten persons, which did not include mool Chandra Jain. The suit was, however, a representative suit under Order 1, Rule 8, C. P. C. , and the necessary steps for making the suit representative had been taken.

(2.) IN September and October 1949 Ramlila celebrations took place at Almora. Mool Chandra jain was the Secretary of the Committee managing the celebrations. In spite of the Civil Court decree it appears that a section of the people was not amenable to obey it and the district authorities failing to bring about an amicable settlement between the persons inclined to celebrate the Ramlila on the piece of land known as Badreshwar issued an order under Section 144, Criminal P. C. , forbidding interference by anyone with the entry of the Ravan procession into the Badreshwar property and from carrying weapons. On 1-10-1949, a Ramlila processsion reached the disputed land and a number of people estimated to be 1500 watched the burning of the effigy of Ravan on that land. Mool Chandra Jain led the procession and was in charge of the management.

(3.) THE decree-holders applied for the enforce ment of the decree of perpetual injunction by com mitting Mool Chandra Jain to civil prison or by attacnment of his property. Mool Chandra Jain contested the execution application on the ground that he had no knowledge of the Civil Court decree. Evidence was recorded and the Court held that Mool Chancira Jain had knowledge about the Civil Court decree. It also considered the other objections of Mool Chandra ana decid ed them against him. The objections were that he acted under orders of the District Magistrate and that he did not actually enter the Badreshwar property but remained at the gate. The Court, therefore, ordered him to be detained in civil pri son for one month. It is against this order that this first appeal has been filed by Mool Chancira Jain.