DHANNA Vs. TEJ

JUDGEMENT

(1.) Briefly stated the facts are that the plaintiffs applicants filed suits for declaration and permanent injunction for the disputed lands in a representative capacity under O. 1, R. 8 of the C.P.C. alleging that the lands in dispute were used for grazing by the cattle of the village community. Simultaneously, the plaintiffs applicants moved applications under sec. 212 of the Rajasthan Tenancy Act requesting that the defendants - -opposite parties be restrained from cultivating the lands in dispute. The trial Court granted ex -parte orders restraining the defendants opposite parties from cultivating the lands in dispute on 27.7.63. On 30.9.63, however, the trial Court vacated the orders issued on the 27th July, 1963.

(2.) The applicants thereupon filed appeals before the Revenue Appellate Authority, Jaipur, and obtained stay orders on the 4th October, 1963 restraining the defendants opposite parties from cultivating the lands in dispute. On the applications of the defendants opposite parties, the appellate Court issued orders restraining the plaintiffs applicants from grazing their cattle on the disputed lands on the 14th October, 1963. On the 12th November, 1963, the date fixed for the hearing of the stay applications, the learned Revenue Appellate Authority vacated the stay orders issued on 4.10.63.

(3.) When the appeals came up for hearing on the 13th December, 1963, the same were also rejected by the Revenue Appellate Authority by his orders now impugned before me through these revision petitions.