BIMLA DEVI Vs. VILLAGERS OF VILLAGE TRILOKPUR

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 8th May, 2000 of learned District Judge, by which appeal of the defendant -appellant against the judgment and decree dated 17th July, 1999 of the trial Court, decreeing the suit of the plaintiff -respondent, has been dismissed.

(2.) DEFENDANT -appellant Bimla Devi is the wife of one Man Chand. A suit was filed by Narata Ram, in representative capacity, representing the entire body of the residents of village Trilokpur, for declaration that the villagers body was owner in possession of 68 bighas 10 biswas land and that the defendant -appellant had no right to remain in occupation of a small portion of that land, over which her husband Man Chand had been permitted to raise temporary structure, for his residence, in lieu of his having agreed to do Barbers job in the village. It was stated that Man Chand, the husband of the defendant -appellant, had left the village and, therefore, the licence, which was created in his favour, stood revoked and the defendant -appellant had no right to remain in occupation. Relief of mandatory injunction, directing the defendant -appellant to remove Malba of the temporary structure and to hand over the vacant land to the villagers, was also claimed.

(3.) RECORD of the trial Court shows that the matter was not taken up on 11th August, 1997, but on the next following day, i.e. on 12th August, 1997, and it was ordered that despite notice nobody, named in the list filed with the application, under Order 1 Rule 8 of the Code of Civil Procedure, had put in appearance to raise any objection to the application. So, order allowing the application was passed.