KAUSHALYABAI Vs. PANNALAL

JUDGEMENT

(1.) THIS is a revision filed by applicant defendant No.2 against the order dated 20 -1 -1984 passed by the IInd Additional Judge to the Court of the District Judge, Dhar in Misc. Appeal No.1 of 1984 whereby the appellate Court has reversed the order dated 29 -12 -1983 passed by the Civil Judge, Class II, Dhar in Civil Suit No. 202 of 1983 and granted temporary injunction to the plaintiff non applicant No. 1.

(2.) THE plaintiff has brought the instant suit for declaration and permanent injunction on the allegation that in the year 1950 the plaintiff and one Kaluram the deceased husband of the applicant defendant No.2 had jointly purchased the 'Pan Gumti' existing on the suit plot admeasuring 6'X6' from one Badrilal who was a lessee from the Dhar Municipality. In the year 1968 the plot in question was treated as Nazul and the lease could duly be renewed by the State Government. In the year 1975 the 'Gumti' was removed from the plot on the ground that it was an encroachment. It appears that a Patta (lease) was granted in favour of defendant No.2 Kaushalyabai in 1976 -77 on her application, she being a widow of ex -serviceman Kaluram. The plaintiff's application was rejected by the Revenue Authorities throughout.

(3.) THE defendant No.2 being aggrieved by the impugned order has filed the present revision.