RAM NARAYAN Vs. RAKESH TANDON

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order-dated 27.10.1999 passed by the respondent No. 3 in Civil Revision No. 7 of 1998, Secretary, Jhansi Development Authority and Anr. v. Ram Narain (Annexure 14 to the writ petition).

(2.) The facts arising out of the writ petition are that a suit was filed by the petitioner which was numbered as Suit No. 418 of 1993 against one Rakesh Tandon and Anr. before the Court of Munsif Jhansi for permanent injunction restraining the defendants from interfering in making any constructions in any manner whatsoever over the land of Plot No. 1612 area 18 x 09 situated in village Lahar Gird, Jhansi. The allegations made in the plaint were that the petitioner had purchased the said area by a registered sale deed on 21.7.1990 from Prakash Narain Tandon Mukhtare am and son of the owner. His name was entered in the revenue record The Defendant Nos. 1 and 2 have no right or authority to interfere in the proposed construction.

(3.) The defendant Nos. 1 and 2 contested the suit and denying the allegations made in the plaint on the ground that Prakash Narain Tandon is not the owner and had got no authority to execute the sale deed, It was also submitted that a trust was created on 9.7.1946 and two third share of the land is included in the trust property. It was also pleaded by the defendant respondent that Suit No. 488 of 1991 in respect of the same property is pending in the Court of Munsif Jhansi and the suit is not cognizable by the Civil Courts On the pleadings of the parties the Trial Court has framed nine issues on 5.3.1994 Thereafter issue Nos. 10 and 11 were added on 13.2.1996 It has been submitted on behalf of the petitioner fiat the Trial Court while disposing of the application for temporary injunction directed the parties to maintain status quo The Trial Court decided issues Nos. 4, 5 and 11 as preliminary issues Issue Nos. 4 and 11 relate to the applicability of Section 10 of C.P.C. while issue No. 5 relates to the jurisdiction of the Court The Trial Court after hearing the counsel for both the parties have decided the issues by its order dated 24.11.1997 in negative, in favour of petitioner.