BABU SINGH AND ANOTHER Vs. RADHABAI AND OTHERS

JUDGEMENT

(1.) The instant revision petition is directed against the order dated 10.05.2013 whereby application filed by defendants under Section 12 of C.P.C. read with Order II Rule 1 and 2 read with Section 151 of C.P.C. has been rejected.

(2.) Facts narrated in the said application are that 1/4th of the Suit property belong to one Sita Ram and was self acquired property. In Samvat 2020 ( in the year 1963) on oral agreement the said land was given on patta on rent of Rs.25/- to Harvilas S/o Badri Prasad. Mutation was done in favour of Harvilas On such premises, Harvilas asserted himself as Bhumiswami of the suit land and obtained order from the Tehsildar for recording his name as Bhumiswami over the suit land.

(3.) Civil Suit No.18-A/88 was filed for a declaration that the plaintiff Sita Ram is owner of 1/4th of the Suit property and possession and further for cancellation of the order dated 20.02.1986 passed by the Tehsildar mutating the name of applicant/ defendant in the revenue record in respect of suit property However, the said Suit was dismissed in default for want of prosecution. This is the admitted position.