RAMA NAND Vs. MANDIR SHRI BIHARIJI

JUDGEMENT

(1.) THIS revision petition has been filed against the orders of the Commissioner Gurgaon Division dated 27.7.95 in an ejectment matter.

(2.) FACTS of the case are that Shri Sita Dass claiming to be the Manager of Mandir Shri Bihariji sought ejectment of the revision-petitioner from the land in dispute on the ground of being a small landowner and secondly on account of non-payment of rent. A suit with required Court-fees etc. was filed before the AC-I on 17.9.90. In the plaint it was also averred that the respondent (present revision-petitioner) was not entitled to allotment of surplus land as the petitioner was a religious institution. Some of the other grounds mentioned for ejectment included the ground that the tenant has not cultivated the land properly and has thereby reduced its value and utility. The suit filed before the AC-I did not mention any particular section of law under which the suit has been filed and the AC-I while decreeing the suit vide order dated 3.2.94, also did not indicate any section of law under which the case was decreed. Appeal/revision filed against the orders of the AC-I were dismissed by the Collector and the Commissioner, on 26.10.94 and 27.7.95 respectively. This further revision petition has been filed against the orders of the Commissioner dated 27.7.95.

(3.) THE counsel for the respondent on the other hand mentioned that the ground of res judicata was not clearly mentioned or pressed at the trial stage and cannot be raised at the revision stage. He further said that no prejudice is caused to any one due to non-mention of any section of law in the petition. It was, however, admitted that the petition has not been filed on the proformas prescribed under the 1953 Act.