UJJAR SINGH Vs. MANN SINGH

JUDGEMENT

(1.) IN view of the law laid down in the case of Shiv Shakti Coop. Housing Society Nagpur v. M/s. Swaraj Development and others, JT 2003(4) SC 255 : 2003(2) RCR(Civil) 676 (SC) the revision petition filed by the petitioner under Section 115 CPC is not maintainable.

(2.) HOWEVER , Shri Rakesh Gupta, the learned counsel for the petitioners submits that since the order had been passed by the learned trial court on May 10, 1995 and the present petition is also pending in this Court since the year 1995, therefore, in the interest of justice, the present revision petition may be treated as petition under Article 227 of the Constitution of India.

(3.) A suit for declaration was filed by the plaintiff-respondents No. 1 to 3. They claimed that they are owners in possession of 1/2 share of the land and that being mortgagees with possession since June 30, 1957 they have become the owners, in fact, by efflux of time. They have also challenged the order dated July 26, 1960 passed by the Special Collector, Punjab, Chandigarh and order dated May 16, 1980 passed by the Sub Divisional Officer (Civil), Dabwali-cum- allotment authority/prescribed authority as null and void.