JASWINDER SINGH Vs. JAYANT KUMAR

JUDGEMENT

(1.) The present revision petition has been filed under Art. 227 of the Constitution of India to challenge impugned order dated 06.05.2016 (Annexure P-5) passed by Civil Judge (Junior Division), Hoshiarpur, whereby, the application moved by the petitioner-defendant under Sections 10 and 11 Code of Civil Procedure was dismissed as well as order dated 09.11.2016 (Annexure P-7) passed by Civil Judge (Junior Division), Hoshiarpur, whereby, the application filed by the petitioner-defendant for review of order dated 06.05.2016 was also dismissed.

(2.) Briefly, the facts of the case as made out in the present revision petition are that the respondents-plaintiffs filed a suit for declaration to the effect that they being tenant are in possession of the land in dispute and also for permanent injunction restraining the petitioner-defendant from interfering in their peaceful possession. The suit was contested by the present petitioner-defendant by specifically stating that respondent No.2 was not the owner of property in dispute as he never purchased the same. The execution of pattanama was also denied by the petitioner-defendant. Respondent No.1 filed an application for correction in khasra girdawari, which was allowed. The petitioner-defendant preferred an appeal, which was decided on 17.05.2000. The Collector, Hoshiarpur set-aside the order of correction in khasra girdawari on the ground that the petitioner was not given any opportunity to defend his case and the case was remanded to Tehsildar-cum-Assistant Collector, IInd Grade, Tanda with the direction to decide the matter afresh after granting opportunity of hearing to the petitioner-defendant.

(3.) During pendency of the suit, the petitioner-defendant moved an application under Sections 10 and 11 CPC, to which, the respondents-plaintiffs filed reply. Said application was dismissed vide order dated 06.05.2016. Thereafter, the petitioner filed an application for review of order dated 06.05.2016, which was also dismissed vide order dated 09.11.2016. Both the aforesaid orders are subject matter of challenge in the present revision petition.