JASWINDER SINGH Vs. JAYANT KUMAR

JUDGEMENT

(1.) The present revision petition has been filed under Art. 227 of the Constitution of India for setting aside order dated 9.11.2016 (Annexur P-5) passed by learned Civil Judge (Junior Division), Hoshiarpur, whereby, an application filed by the petitioner under Sec. 9 Code of Civil Procedure has been dismissed.

(2.) Briefly, the facts of the case are that the respondents 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 petitioner on the ground that respondent No.2 was not the owner of the property as it was never purchased by him. Even the execution of Pattanama was denied by the petitioner. It was also the stand in the reply that respondent No.1 filed an application for correction in Khasra Girdawari, which was allowed. The petitioner preferred an appeal against the said order, which was decided on 17.5.2000. The Collector, Hoshiapur 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 a direction to decide the matter afresh after granting opportunity to the petitioner to plead his case.

(3.) During pendency of the suit, the petitioner moved an application under Sec. 9 Code of Civil Procedure for dismissal of the suit. The reply was filed by the respondents. Said application was dismissed vide order dated 9.11.2016, which is subject matter of challenge in the present revision petition.