SANT SINGH Vs. DES RAM

JUDGEMENT

(1.) THIS petition under Section 115 of the Code of Civil Procedure seeks a revision of the order dated the 8th of March, 1973, passed by Shri K. K. Kataria, subordinate Judge, 2nd Class, Ludhiana, in a suit filed by the petitioners against the respondents for the grant of a permanent injunction restraining the latter from making any construction on four pieces of land forming part of Khasra Nos. 45/5, 6 and 7 situated in village Karabara, District Ludhiana, on the basis of the allegations that the petitioners were tenants in possession of the said three Khasra numbers which they obtained on allotment from the Government and that the respondents had started collecting materials for construction of building at the said four pieces of land without any right or interest therein. With the plait was attached a plan showing in red the area covered by Khasra Nos. 45/5, 6 and 7. The said four pieces were shown in yellow, one of them in Khasra No. 45/5, two in khasra No. 6 and the fourth in Khasra No. 7. Each one of them forms a small fraction of the Khasra number in which it is situated. A foot-note appended to the plan states that the disputed land where "houses are under construction" is shown in yellow.

(2.) IN their written statement the respondents raised preliminary objections including one to the effect that the suit was bad for multifariousness and, therefore, deserved dismissal. On merits it was stated that each of the respondents had been allotted a plot in the said three khasra numbers on the 19th of September, 1969, that the plaintiffs had no interest in the said Khasra numbers and that each of the respondents was constructing a building on the state allotted to himself.

(3.) SIX issues were framed in the case on the 16th of November, 1972. Issue No. 1 which was treated as a preliminary issue runs thus: "whether the suit of the plaintiff is bad for multifariousness and causes of action?"