MALU RAM Vs. SRI RAM

JUDGEMENT

(1.) THE facts giving rise to this second appeal by the defendants may be stated within a narrow compass.

(2.) THERE is a plot No 333 situated within the precints of village Maniwal, Tehsil Hanumangarh, District Ganganagar. It appears that the plaintiff Sri Ram as well as the defendant Maluram and his sons Manphool and Raja Ram, who are the appellants were aspirants of purchasing the whole of this plot, and, therefore, both the plaintiff as well as the defendants applied to the Gram Panchayat, Maniwali for sale of the plot in their favour. The Gram Panchayat, Maniwali by its order dated 15 -8 -1958 directed that half of the plot be sold to the plaintiff -respondent Sri Ram and the other half may be sold to the appellants. It is, however, interesting to note that the portions of the plot sold half to half to the plaintiff and the defendants were not specified. The plaintiff Sri Ram was content with the sale of half the plot to him, but Maluram was not satisfied as he wanted the whole. Maluram, therefore, filed an appeal before the Tehsil Panchayat, Hanumangarh against that part of the order of the Gram Panchayat by which half the portion of the plot had been sold to Sriram with a prayer that the whole of the plot should be ordered to be sold to him. The Tehsil Panchayat allowed Mularam's appeal and by its order dated 30 -8 -1958 directed that the whole of the plot be sold to the appellants at the rate of -/1/ - per Sq. Gaj. Aggrieved by the order of the Tehsil Panchayat Sri Ram sought relief by further appeal or revision on the administrative side but was unsuccessful. Consequently he filed the present suit in the Court of Munsiff, Hanumangarh on 4 -9 -1961 alleging that the order of the Tehsil Panchayat dated 30 -8 -1958 whereby the whole of the plot in dispute had been sold to the defendant -appellents was without jurisdiction null and void and he prayed that it may declared that the plaintiff is owner of half the plot No. 333 measuring 2123 Sq. Gaj., and. that possession of the same may be granted to him after getting it partitioned by metes and bounds. He also sought a mandatory injunction against the defendant -appellants for demolition of the construction raised by them in the plaintiff's share of the plot. The Gram Panchayat, Maniwali and the Tehsil Panchayat, Hanumangarh were also impleaded as defendants Nos. 3 and 4 but no written statement was filed on their behalf. The suit was, however, resisted by the defendant -appellants.

(3.) AGGRIEVED by the aforesaid directions of the learned Civil Judge the defendents have come in second appeal to this Court.