GOPILAL RATHI Vs. BRIHATKAR SAHAKARI SAKH SAMITI

JUDGEMENT

(1.) THIS revision, under section 115 of the Code of Civil Procedure is directed against the order dated 4th of October, 1997 passed by Vllth Additional District Judge, Raipur, in Misc. Civil Appeal No. 35/96, whereby the order of temporary injunction passed by the trial Court in favour of the applicant was set aside.

(2.) THE applicant filed Civil Suit. No. 22-A/95 for declaration of his title and permanent injunction in respect of Khasra Nos. 132/6, 132/8 and 132/9, total area 5.01 acres, situate in village Satpara, Tahsil and Distt. Raipur. The applicant claimed to be the owner of the suit lands alongwith his brother, Chhogalal Rathi by virtue of three sale-deeds, dated 20.4.70,17.7.70 and 15.9.71. He claimed that he was placed in possession. The applicant claimed that after the death of his brother, who was a bachelor, it was he, who became the sale owner of the suit- lands and remained in possession thereof. It was claimed that the non-applicant No.1, which was a co-operative society, had no right or title to the suit-lands. It got its name mutated over the suit-lands clandestinely and was putting the suit- lands into process of auction and, therefore, the applicant sought relief of the declaration of title and permanent injunction restraining the non-applicant from selling the suit-lands in auction.

(3.) THE non-applicant claimed that the suit-land was mortagaged with them by the alleged vendor of the applicant. The lands were put to auction for the recovery of loans. The non-applicant claimed that it purchased the suit-lands by registered sale-deed dated 24.11.1975 after the sale was confirmed. The non- applicant relied upon sale-certificate.