SARUP LAL Vs. SM KAUSHALYA DEVI

JUDGEMENT

(1.) This is an application made by Sarup Lal who has obtained leave to appeal to the Supreme Court against a judgment of this Court dated 24-12-1953. This certificate was granted on 21-7-1954. He has now applied under Order 45 Rule 13 Civil P. C. praying that the operation of the order of this Court be suspended and respondents 1 & 2 be restrained, from alienating the property sold to them. Rule was issued by me and as I was of the opinion that this matter should be heard by a Division Bench and not by a single Bench the case has been placed before this Bench.

(2.) Leave was granted on 21-7-1954 and the application for stay was made on 269- 1955.

(3.) An objection has been raised that under Order 45 the prayer made in this petition cannot be granted. The present petitioner sold to the opposite parties some land and disputes arose in the Revenue Department as to mutation and the Chief Commissioner ordered the mutation to be set aside and mutation proceedings to be started de novo. It was against this order that the opposite parties brought a petition to this Court under Article 226 of the Constitution. This petition was allowed and in the present application made by Sarup Lal petitioner it is stated that during the years 1954 and 1955 the opposite parties entered into 41 transactions of sale with the result that about half of the land sold has already been sold.