MOHAMMAD HUSSAIN Vs. BACHHUSINGH

JUDGEMENT

(1.) This order shall also govern the disposal of Misc. Petition No. 2163 of 1993 (Pawankumar Jaiswal v. Bachusingh Jurel), Misc. Petition No. 2164 of 1993 (Ratanlal Jain v. Bachusingh Jurel) and Misc. petition No. 2165 of 1993 (Fakir Mohammad v. Bachusingh Jurel) as identical questions are raised in all the petitions.

(2.) By this petition under Art. 226/227 of the Constitution of India, the defendant/ petitioner seeks quashment of Annexure-'33' which is an order of Civil Judge, Class-Ist, Manawar dt. 4-2-1986 and Annexure-'6' which is the revision order dt. 22-2-1993 passed by the Additional District Judge, Dhar, Camp at Manawar confirming Annexure-'3'.

(3.) Briefly stated the facts necessary for deciding the petition may be stated thus. Municipal Committee, Manawar was admitted to supersede under S. 328 of the M. P. Municipalities Act, 1961 (for short 'the Act') and an Administrator (prashasak) was appointed. Subsequent to this, the present suit was filed by the Nagar Palika through its C. M. O. against the present petitioner contending inter alia that the petitioner in collusion with respondent No. 2 (an erstwhile Municipal Councillor) and respondent No. 3 (a Sanitary Inspector) had obtained a lease of plot of land. The suit claimed relief of declaring lease to be void and to secure possession of the plot from the present petitioner.