RAM SWAROOP Vs. LAKHOO MAL

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 11th January, 1989, passed by the learned Addl. District Judge Beawar, setting aside the injunction order granted by the trial court, restraining the defendant Municipality, from selling the land to the non-petitioner defendant Lakhoo Mal and Mohan Lal till the disposal of the suit. Non-petitioners are the victims of the partition of the country and communal fanatism and they have migrated from their motherland to this part of the motherland to save their life at the time of partition. Municipality, Kekri, allotted them on lease a piece of land measuring 9'x5' so that they may put the stall and carried out the business. Since then the stalls are there and the non-petitioner and his son are carrying out the business. Petitioner applied for this piece of land also for the nearby place of the said piece of land and wanted the sale. Municipality, declined to do so and this was stated by Mr. Choudhary, learned counsel for the non-petitioner. Each system is a mixture not only of socialist and capitalist feature, but also of precapitalist elements, stemming from many different periods of past history. Law cannot be neatly classified in terms of social-economic forces. A legal system is built-up slowly over the centuries, and it is in many respects remarkably imperious to social upheavals. THIS is as true of Soviety Law, which is built on the foundations of the Russian past, as it is also true of English and Europian law with its roots in English and Europian history. American system is based on American history, Russian system is based on Russian history. We have inherited English system which may be good looking to the English needs and their culture. Borrowed coat may not fit just like a coat prepared for a person for his own body. The same principle applies to the legal system, legal jurisprudence which should be based on the Indian past history, Indian in heritage and Indian culture. The system which we are having is passing from the critical time and even the head of the judiciary in his speeches has said that surgical treatment is necessary. Most of us feel that the system needs orientation and it should be based on Indian inheritage, Indian history and Indian culture and also on Indian thoughts. THIS cannot be done and it will take its own time as every judicial system develops, slowly on the foundation of the history of the nation and on the history of the society. The same is the position today about our system which we have borrowed.

(2.) POOR persons who have migrated from Pakistan, were allotted the sard land for running the stall and they are running their stall for the last. 39 years. Mr. Gupta learned counsel for the non-petitioner No. 2, submits that from his case file he finds that there is a noting, that the refugees have come and the permission should be accorded for the putting of the stall on a piece of land measuring 9'x5'. it is true that the stalls were placed on a land which was a land allotted to them 39 years back.