MOTI SINGH Vs. SAWANT RAM

JUDGEMENT

(1.) THIS is a review petition against an order of the D. B. composed of Sh. Gajendra Singh and myself dated 13-9-65 whereby the revision presented by Motinath petitioner against the order of the commissioner, Jodhpur dated 30-3-60 was rejected. As Shri Gajendra Singh has ceased to be attached with the Board, this case came up for hearing before me. Briefly stated the facts of the case are that Sanwatram deceased now represented by the non-petitioners filed a suit for perpetual injunction against the petitioner Motinath on 14-7-68. An ad-interim injunction was granted to him on 18-7-58 and it was made absolute after hearing the objection of the petitioner Motinath on 4-2-59. No appeal was preferred against that order. However, the petitioner, Motinath, filed a cross suit u/s. 188 of the Rajasthan Tenancy Act against Sanwatia on 30-5-59 and obtained a temporary injunction on 3. 6. 59. THIS order was vacated on 10-8-59 by the S. D. O. Merta on the ground that the possession of the holding in dispute was with the non-petitioners and the injunction which had been made absolute in the previous suit of the non-petitioners on 4-2-59 operated as res judicata.

(2.) AGAINST this order vacating the injunction previously granted to Motinath petitioner by the S. D. O. Motinath filed an appeal before the Commissioner who also upheld the order in favour of Sanwatram by his judgment dated 30-3-60 holding that the principle of res judicata applied to this case and that the balance of convenience demanded that the possession should remain with the respondents. He further held that it would be improper to examine the entries in the khasra Girdawri for the relevant period as it was likely to prejudice the parties.