MD WAJID AND ANOTHER Vs. STATE

JUDGEMENT

(1.) This revision under Art. 227 of the Constitution is directed against the order dated 7.6.2012 passed by the learned Assistant District Judge, Shillong in Title Suit No.3 (H) of 2007 under section 10 of the Code of Civil Procedure (CPC) staying the suit on the ground that the matter in issue therein is directly and substantially in issue in the previously instituted suit, namely, Title Suit No. 12 (H) of 2007, which is pending before another civil Court of competent jurisdiction and of vacating the interim in junction passed in Misc Case No.4 (H) of 2007 arising out of that suit.

(2.) Title Suit No. 12 (H) of 2007 was instituted by the petitioners-plaintiffs (the plaintiffs, for short) before the learned Munsiff, Shillong for declaration of their right, title and interest in the suit land situated at Holding No. 13 JB located at Jhaiupara Cantonment, Shillong. According to the petitioner-plaintiffs, they together with the defendant No. 1-the respondent No. 1 herein (Shri S.K. Md Sadique), have been jointly holding the suit land under lease from the Cantonment Board, Shillong since 1932, and the lease was renewed on 1.2.1995 in their joint names. They have always been occupying the suit land peacefully and without any disturbance from any quarter. The plaintiff Nos 1 and 3 authorised the plaintiff No.2 (son of the late Abdul Wadood) to deal with the suit land against the defendant Nos 1 and 2 when the plaintiff No.2 and the defendant No. 1 received a caveat from the defendant No.2 (respondent 2 herein) stating therein that tire defendant No. 1 had transferred by way of the Gift Deed dated 5.10.2006 the share of the defendant No. 1 in the suit land. The plaintiff No. 1 and No.3 has authorised the plaintiff No.2 to defend the suit land from the illegal acts of the defendant No.2, who could not acquire the share of the defendant No. 1 in the suit land without their consent.

(3.) According to the plaintiffs, in the year 1996, the late Abdul Wadood, the father of the plaintiff No.2, had instituted Title Suit No.6 (H) of 1996 together with Misc Case No. 8 (H) of 1996 before the learned Munsiff, Shillong and obtained on 26.4.1996 an ad-interim injunction to restrain the defendant No. 1 from disposing of his share to any third party and not to block the approach road leading to the compound of the joint lease holders. On the basis of the said gift deed, the defendant No.2 and his associates forcibly entered the compound of the plaintiffs with a view to evict them from the suit land. However, on the protest made by the plaintiffs and on the intervention of the public, they had to leave the suit land. An FIR to this effect was lodged against the defendants and their associates. As the defendants are determined to dispossess the plaintiffs of the suit land, they instituted this suit claiming the following reliefs: