Rama Nand Pandey vs Hira Lal - 2022 Supreme(All) 1983

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(All) 1983

J. J. MUNIR
Rama Nand Pandey – Appellant
Versus
Hira Lal – Respondent

Advocates:
Advocate Appeared:
For the Appellant : S. Chatharjee, Santosh Kumar, Satya Deo Ojha and Saurabh Srivastava
For the Respondent: Akhileshwar Mishra, Aniruddh Kumar and S.N. Tripathi

JUDGMENT :

Hon'ble J.J. Munir, J.

This is a plaintiff's appeal, arising out of a suit for declaration and permanent prohibitory injunction.

2. The facts giving rise to this appeal are these:

The plaintiff-appellant, Rama Nand, who shall hereinafter be referred to as the 'plaintiff', instituted O.S. No. 390 of 1985 in the Ex-Court of Munsif Havali, Varanasi, seeking a declaration to the effect that the proceedings of revenue sale dated 4.12.1982 and the sale letter based on it relating to land, detailed at the foot of the plaint, be declared void and a decree of permanent injunction granted, restraining the defendant-respondent, Hira Lal (for short, 'the defendant') from interfering with the plaintiff's possession over the suit property or changing its nature and character.

3. The plaintiff's case is that Smt. Usha Devi brought proceedings against him under Section 125 Cr.P.C. in the Court of the Metropolitan Magistrate, Kanpur Nagar seeking award of maintenance. In the maintenance case aforesaid, the Magistrate passed an ex parte order, granting maintenance to Smt. Usha Devi on 13.1.1982. The ex parte maintenance order dated 13.1.1982 was passed against the plaintiff. The plaintiff, upo