GAUSHALA Vs. SURSATI DEVI

JUDGEMENT

(1.) THE present revision petition filed by Shri Gaushala (Regd.) Mahendergarh is directed against the order passed by the learned Civil Judge (Junior Division) Mahendergarh dated 21.7.1997. By virtue of the impugned order, the learned trial Court had stayed the suit filed by the petitioner keeping in view the provisions of Section 10 of the Civil Procedure Code.

(2.) SOME of the relevant facts alleged are that land measuring 127 kanals 19 marlas belonged to one Gujar Mal s/o Sh. Bakhtawar Mal. In the year 1965 the owner of the said land decided to create a Trust for Dharmarth. The income of the land was agreed to be spent on Dharmarth activities like installing water-hut for the passengers and for making places for drinking water for animals. One Mangal Ram was kept as employee for serving water to the passengers at the water-hut. Subsequently, Mangal Ram became dishonest. Because owners of the land were residing at Kanpur in their absence, he got entered Khasra Girdawari of 38 kanals 1 marla of land as a tenant "Gair Marusi". Soon thereafter when the aforesaid Khasra Girdawari came to the notice of the authority, the same was corrected in the year 1975. In the year 1997, the owners of the land felt that the Trust created by them was not working properly, therefore, they decided to gift the entire land to Shri Gaushala (Regd.) Mahendergarh/petitioner. The petitioner is engaged in serving cows and other animals as per Sanatan Dharam. A registered gift deed was executed and mutation was entered in favour of Shri Gaushala (Regd.) Mahendergarh.

(3.) THE legal representatives of Mangal Ram who are respondents No. 1 to 6 filed an application under Section 10 of the Code of Civil Procedure on the ground that they had earlier filed a civil suit which is pending in the Court of Civil Judge (Junior Division) Mahendergarh and, therefore, the subsequent suit may be stayed. The learned trial Court allowed the application and vide the impugned order held that questions about validity of the gift deed and possession are common in both the suits and consequently the subsequently instituted suit filed by the petitioner was stayed. Aggrieved by the same, the present revision petition has been filed.