SUSHILA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant one is a case depicting gross abuse of process of law. The petitioner after availing to get any relief from the civil courts approached a quasi-judicial forum and on getting failed thereto this petition for writ is preferred.

(2.) The factual matrix giving rise to present petition is that the petitioner at first instance preferred a civil suit before the Munsif, Balotra in the year 1999, wherein on 15.2.1999 a direction was given to him to place on record of suit the original sale deed of land in dispute. At the same time an application seeking temporary injunction was also rejected. An appeal preferred against the order rejecting temporary injunction too was rejected. In pursuant to the order dated 15.2.1999 no original sale deed was produced by the plaintiff petitioner, however, she filed an another suit before the court of Civil Judge (JD) Balotra (Original Suit No.4/2001) claiming rights on disputed land on basis of her old possession.

(3.) The petitioner then preferred a revision petition as per provisions of Section 300 of the Rajasthan Municipalities Act, 1959 (hereinafter referred to as the Act of 1959) with an assertion that the land in dispute was purchased by her in the year 1994, as such that could have not been sold to respondent No.4 Shri Chhagan Lal. It is pertinent to note in the revision petition and also in this petition for writ the fact regarding filing of second suit i.e. 4/2001 is not disclosed.