SHYAMRAJ Vs. RAJ BALI

JUDGEMENT

(1.) THIS is an application in revision against the order dated 3 -8 -1971 of Shri G.D. Srivastava, District Judge, Deoria, abating the Plaintiffs' suit under the provisions of Section 5 of the Consolidation of Holdings Act.

(2.) THE facts leading to this application in revision are not disputed and they may be narrated as follows. The Plaintiffs applicants filed a suit giving rise to this application in revision against the opposite party for demolition of the Defendant's construction on plot No. 66 of area .46 acre and for a permanent injunction disturbing the possession of the Plaintiffs by raising any construction in future on the allegation that the Plaintiffs were bhumidhars of the disputed plot and the Defendant had no concern with it.

(3.) THE application in revision is allowed with costs and the order of the Court below is set aside and the learned Munsif is directed to proceed with the trial according to law.