DIGAMBAR JAIN ATISHAYA KSHETRA THUWANJI TRUST Vs. MINTULAL

JUDGEMENT

(1.) THIS revision petition is directed against the order dt. 27-6-98 passed by the Additional Judge to the Court of District Judge, Mungaoli, District Guna in M. A. No. 16/97, reversing the order dated 31-1-97 passed by Civil Judge Class-II, Chanderi, in Civil Suit No. 25-A/96, whereby the application filed under Order 39 Rules 1 and 2, C. P. C. was dismissed by the Trial Court.

(2.) BRIEFLY stated facts are that respondent Nos. 1, 2 and 3 filed suit for declaration and permanent injunction against the State and the applicant on the ground that Naib-Tehsildar, Chanderi had granted patta in favour of plaintiffs on 20-6-1978. The applicant-Trust preferred an appeal before the Sub-Divisional Officer, Mungaoli, which was registered as Case No. 10/78-79 and dismissed on 15-5-1979. Against the order of dismissal passed by the Sub-Divisional Officer, the applicant-Trust preferred a revision before the Additional Commissioner, Gwalior, which was registered as Revision No. 251/78-79 and was decided on 28-2-81. In the revisional Court (Addl. Commissioner, Gwalior) applicant-Trust as well as plaintiffs-Mintulal. Gangaram and Suresh were represented by their respective counsel. The applicant-Trust was represented by Shri VK. Sapre, Advocate and the plaintiffs-respondent Nos. 1 to 3 were represented by Shri M. K. Jain, Advocate. The Additional Commissioner, Gwalior, after examining the matter, set aside the order passed by the Tehsildar on 20-6-1978 as well as the order passed by the SDO, Mungaoli on 15-5-1979 and held that the orders passed by the Courts below are wholly illegal, and remanded the case to Tehsildar for proper enquiry and re-allotment of the land. Against the order of the Additional Commissioner the plaintiffs-respondent Nos. 1 to 3 did not prefer any revision or petition. On the other hand, the plaintiffs-respondent Nos. 1 to 3 filed the present suit, which was registered as Civil Suit No. 25-A/96.

(3.) THE plaintiffs/respondent Nos. 1, 2 and 3 filed the suit for declaration and permanent injunction on the ground that the order passed by the Additional Commissioner, dated 28-2-1981 in a Revision No. 251/78-79, be declared null and void and plaintiffs be declared Bhumi Swamis of the suit land and further that the defendants be restrained to interfere by grant of injunction. Alongwith the suit, an application under Order 39 Rules 1 and 2 read with Section 151 C. P. C. was also filed, duly supported by an affidavit.