DEONATH SINGH Vs. RAJBALA DEVI

JUDGEMENT

(1.) This application in revision is directed against an order passed by the courts below refusing to grant injunction.

(2.) It appears that opposite party No. 1 instituted a suit (Title Suit No. 153 of 1964 in the court of Munsif Second Court, Dhanbad) against the petitioner for declaration of her title to certain lands and recovery of possession thereof, on the ground that she had purchased lands in question from one Bibhuti Dutt who had got the same on partition amongst the co-sharer-owners of the lands and the petitioner had dispossessed her from .06 acres out of the aforesaid lands and made constructions thereon. The opposite party had also prayed for possession to be given after demolishing the construction made by the petitioner. It appears that the petitioner did not appear in the suit and an ex parte decree was passed. The opposite party levied execution thereon. While the execution was proceeding, the petitioner filed Title Suit No. 197 of 1968 in the court of the second Munsif of Dhanbad, for a declaration that the decree passed is illegal, null and void, without jurisdiction and fraudulent. After filing of the suit, he filed an application for grant of ad interim injunction restraining the opposite party from proceeding with the execution of the decree aforesaid. The learned Munsif granted such an injunction at the initial stage but vacated the same after hearing both the parties. The petitioner went up in appeal before the Subordinate Judge who confirmed the order passed by the learned Munsif, Hence this application.

(3.) Both, the courts below have come to concurrent findings on the questions whether there is a prima facie case made out by the petitioner, whether the balance of convenience is in his favour and whether he suffered irreparable loss. The findings on these questions are against the petitioner.