MUKHTIYAR MOHD Vs. PANNA LAL

JUDGEMENT

(1.) This is an unsuccessful intervener's revision u/s.115 C.P.C. from an order passed by the Civil Judge (Class II), Dabra on 15-12-1983 rejecting his application for being impleaded as a defendant in non-petitioner No. l's suit(C. S. No. 107-A/82) for a permanent injunction against non-petitioners 2 to 8 from interfering with his possession of Kh. Nos. 397, 398 and 399, situate at village Khadicha.

(2.) A copy of the plaint made available to me during arguments shows that the suit was filed on 5-9-83 on the following averments. The plaintiff who stands recorded in the annual papers as a bhumiswami of the suit lands has been all along in possession thereof. He raised til and jwar crops in the suit lands in 1982-83. After he had prepared the suit lands for sowing grass therein in 1983, on 1-9-83 the defendants told the plaintiff's servants to stop working in the suit lands. The plaintiff went to the suit lands, the defendant then went away after telling him that they would dispossess him at any cost.

(3.) The defendants in their written reply dated 4-10-83 in answer to the plaintiffs application dated 5-9-83 for temporary injunction controverted the aforementioned averments. They stated that the suit lands are the peersthani maafi lands of the estate of Dargah Baba Kappor. They claimed that the mujabir (pujari) of Dargah Baba Kapoor gave a written patta of the suit lands to the defendant No. 1 (N.P.2) along with vacant possession of the same on 6-6-83 and since then the defendant No. 1 has been in possession of the suit lands.