CHUNNI RAM Vs. STATE

JUDGEMENT

(1.) THESE two revisions before me arise out of a common appellate-order dated September 11, 1980 of the Civil Judge, Bikaner. As the questions involved are common and as they were heard together, I consider it proper to dispose them of by a common order.

(2.) CIVIL Original Suit No. 82 of 1980: Chunniram vs. Nanak Ram and others was instituted in the court of Munsif, Bikaner on March 17, 1980. The suit is for declaration, perpetual and mandatory injunction and demolition. Along with the plaint, an application under O. XXXIX, rr. 1 and 2 and s. 151, C. P. C. was filed. The learned Munsif, by his order dated August 28. 1980 issued a temporary injunction restraining the defendants from not constructing the houses and Bares on field No. 458 situate in village Lalamdesar, tehsil Bikaner, of the petitioner. Feeling aggrieved, Appeal No. 37 of 1980 was filed by the defendants Nanakram and others.

(3.) I have heard the learned counsel for the parties and have carefully read the plaints filed on behalf of the plaintiff in each of the two suits.