DEWAN CHAND Vs. DISTRICT AND SESSIONS JUDGE ETC

JUDGEMENT

(1.) IN this revision petition, although prayers made are for issuance of direction to the Subordinate Courts to dispose of the suit and also the appeal expeditiously and for transfer of the suit from the Court of Sub Judge II Class, Malerkotla to some other court of competent jurisdiction, but having gone through the averments made in the petition and also the annexures attached to the petition I am of the view that not only a direction is required to be given to dismiss the suit being frivolous but the plaintiff too has to be burdened with exemplary costs. In order to appreciate the course adopted by this Court, it becomes necessary to notice few facts.

(2.) IN a dispute between the petitioner and one Gowara Co -operative Society, the Arbitrator gave an award for recovery of Rs. 6294.29P. A decree in terms of that award was passed. In execution of the decree, land measuring 103 Bighas 8 Biswas situated in village Gowara, Tehsil Malerkotla, District Sangrur was auctioned and one Arjan Singh who gave a bid of Rs. 11,500/ - was declared to be highest bidder. Sale in his favour was confirmed. Petitioner having felt aggrieved against the order confirming the sale filed an appeal before the first appellate Court who vide its order dated 10.2.1970 dismissed the appeal Education Second Appeal (ESA) No. 506 of 1970 came to be filed by the petitioner in March, 1970. Auction purchaser, Arjan Singh died during the pendency of second appeal and two persons namely Sarjan Singh and Mr. Ralli were brought on record as legal representatives of Arjan Singh. During the pendency of the second appeal, a compromise was arrived at between the petitioner and the legal representatives of Arjan Singh and as a result of that compromise E.S.A. No. 506 of 1970 was accepted vide order dated 4.5.1971 and the sale certificate issued by the executing court was cancelled, meaning thereby that the petitioner who had been dispossessed as a result of auction became entitled to possession of land. On 22.10.1971, Shyam Kaur (respondent No. 4 herein) filed Miscellaneous Application for recalling order dated 4.5.1971 passed in the Execution Second Appeal, claiming herself to be legatee on the basis of a Will allegedly executed by Arjan Singh in her favour. Application filed by her was dismissed on 30.11.1971 with the observation that no ground of review is made out. Shyam Kaur, thereafter filed civil suit No. 81/1972 in the court of Sub Judge 1st Class, Malerkotla for declaration to the effect that she is owner of the suit land, and also for injunction restraining the petitioner from interfering in her peaceful possession and from getting the revenue record corrected in his name. On the basis of pleadings of the parties, following issues were framed by the trial Court.

(3.) Having gone through the order passed by Sh. Sukhdarshan Singh, Sub Judge II Class, Malerkotla, I am of the view that the order is perverse and in case it is not interfered with, a great injustice would be done to the petitioner. The Subordinate Judge has conveniently ignored the decisions of this Court between the parties to this litigation by saying: