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Jiwan Singh v. R.Kant And Another
Judgment Summary — Surinder Singh, J.
Factual and Procedural Background
This judgment disposes of four Revision Petitions arranged as two sets of two petitions each. The first set comprises Civil Revisions Nos. 2833 and 2834 of 1983 filed by Jiwan Singh and others and Sant Lal and others respectively, challenging parts of an order in favour of R. Kant. The second set comprises Civil Revisions Nos. 3199 and 3200 of 1983 filed by R. Kant challenging the same orders, specifically the direction to maintain status quo in respect of the suit property.
The underlying controversy stems from two suits. On March 16, 1982, R. Kant (as proprietor of R. Kant & Company) sued Sant Lal and others for permanent injunction and sought a temporary injunction to protect his asserted possession of Khasra Nos. 9 to 16, which he alleged he had developed for a film studio complex. On April 17, 1982, Jiwan Singh and others (village proprietors/right-holders) filed a suit for permanent injunction against R. Kant, also seeking a temporary injunction, alleging that the suit land was shamilat (village joint holding) and could not have been validly alienated by co-sharers not in exclusive possession.
The trial Court (judgments dated August 6, 1982) refused temporary relief to R. Kant and granted temporary injunctions in favour of the right-holders, concluding that R. Kant had not made out a prima facie case and treating certain documents produced by R. Kant as unreliable. R. Kant appealed and the Additional District Judge (II), Faridabad, allowed both appeals by judgments dated August 18, 1983, holding that R. Kant had proven purchase and possession (relying on sale deeds, revenue entries including Khasra Girdawaris and Jamabandi, and other material) and granted him temporary injunctions. However, the appellate Court also directed that "status quo regarding suit property be maintained till the decision of the suit and its nature should not be changed" pending final determination.
The right-holders filed Civil Revisions Nos. 2833 and 2834 of 1983 impugning that part of the appellate order which temporarily injuncted them, and R. Kant filed Civil Revisions Nos. 3199 and 3200 of 1983 impugning the appellate Court's direction to maintain status quo regarding the nature of the land. The four petitions were heard together.
Legal Issues Presented
- Whether the lower appellate Court's finding that R. Kant was in possession of the disputed property (and therefore entitled to temporary injunction) was erroneous.
- Whether the lower appellate Court was justified in attaching a condition to its order — directing that the nature of the land should not be altered (i.e., maintaining status quo as to nature) during the pendency of the suits.
Arguments of the Parties
Right-holders (Sant Lal and Jiwan Singh and others)
- Contended that the appellate Court's finding that R. Kant was in possession was erroneous because R. Kant had failed to establish that his vendors were in actual possession at the time of sale, and subsequent possession by R. Kant following sale deeds would not confer necessary possessory title against them.
- Relied on mutations Nos. 1267 and 1271 (certified copies) and argued the land was shamilat deh; these mutations were allowed to be referred to and, in translation, indicate that according to Jamabandi the land was shamilat and that some right-holders had already alienated shares.
- Argued that if the vendee were permitted to raise constructions, it might complicate the rights of other co-sharers in the shamilat area and that the balance of convenience should be in favour of the right-holders (i.e., supporting a restriction on altering the nature of the land).
R. Kant (Petitioner in Nos. 3199 and 3200)
- Contended that once the appellate Court had found him to be in continuous possession and granted temporary injunction, it could not validly attach a condition restricting his rights to deal with the land (i.e., direct that the nature of the land not be altered pending suit).
- Pointed to sale deeds, revenue entries (Khasra Girdawari and Jamabandi) and other documentary material (including a letter from the Director, Town & Country Planning Department) as evidence of purchase and possession.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| Sukh Dev v. Parsi and others, AIR 1940 Lahore 473 | The proposition that a co-sharer in exclusive possession of a portion of an undivided holding can transfer it, subject to adjustment of the rights of other co-sharers at the time of partition. | The Court relied on this authority to support the proposition that a vendee who acquires a portion in exclusive possession can validly deal with it and that other co-sharers' rights are protected by partition adjustments, undermining the justification for the appellate Court's restriction on altering the nature of the land. |
| Pishore Singh v. Shrimati Lajo Bai etc., 1974 CLJ 626 | Affirmation of the same rule that a co-sharer in exclusive possession has the right to transfer the site and the transferee acquires valid title subject to adjustment of co-sharers' rights on partition; raising construction does not necessarily injure co-sharers as rights can be adjusted. | The Court cited this decision to confirm that the right of a transferee to deal with land in exclusive possession is recognised and that the risk of complications from constructions is addressed by adjustments at partition; thus the status quo restriction was unjustified. |
| Tek Singh v. Jaswant Singh, 1971 PLJ 656 | Earlier decision relied upon in Pishore Singh establishing that a co-sharer in exclusive possession has a right to transfer and the transferee's title is subject to partition adjustments. | The Court noted that Tek Singh was relied upon in Pishore Singh and used the chain of authority to reinforce the legal proposition that supported permitting a transferee to deal with the land and negating the need for the appellate Court's condition. |
Court's Reasoning and Analysis
The Court addressed preliminary procedural objections and the substantive points sequentially.
Delay and condonation: An objection to delay in filing Revision Petitions Nos. 3199 and 3200 was considered. The petitioners filed applications under section 5 of the Limitation Act for condonation. At the Motion stage, in view of a medical certificate from a cardiologist (Dr (Lieut. Col.) P.K. Khanna, V.S.M.), the delay had been conditionally condoned. The Court found the medical evidence genuine, accepted the explanation (heart attack on September 13, 1983; advised twelve weeks' bed rest; able to travel December 10, 1983), and further observed that the substance of the petition could have been raised in the earlier-filed revision petitions. The Court therefore repelled the contention regarding lack of good cause and formally condoned the (short) delay.
Point (a) — Possession and entitlement to temporary injunction: The Court examined the materials relied upon by the lower appellate Court: seven sale deeds (dated between Feb 26, 1975 and Jan 23, 1977) with recitals of delivery of physical possession to R. Kant, Khasra Girdawari entries (Rabi 1978 to Kharif 1981) showing R. Kant in possession, Jamabandi for 1976-77 showing his name in the cultivation column, and a letter from the Director, Town & Country Planning Department indicating official attention to the site in connection with the proposed film studio complex. The appellate Court had held these items together constituted a prima facie case, tilt in the balance of convenience, and risk of irreparable loss to R. Kant if injunction was refused. The trial Court, by contrast, had disbelieved the documents and purported to decide the merits without evidence. The present Court concluded the appellate Court was correct to reverse the trial Court on that point: without evidence at trial stage, the trial Court should not have made conclusive findings of falsity. Consequently, the appellate finding in favour of R. Kant as to prima facie possession and entitlement to temporary relief was upheld.
Point (b) — Validity of the status quo restriction: Having accepted that R. Kant had made out prima facie possession and entitlement to temporary injunction, the Court turned to whether the appellate Court could validly impose a condition restraining alteration of the nature of the land pending suit. The Court evaluated the balance of convenience: because the vendors were shown (by revenue entries and mutations accepted by revenue authorities) to have been in possession of their respective shares and to have sold those shares to R. Kant, and because a co-sharer in exclusive possession can transfer a portion subject to partition adjustments, the appellate Court's restriction was unnecessary. The Court relied on established authorities (Sukh Dev; Pishore Singh; Tek Singh) holding that a co-sharer in exclusive possession may transfer and that subsequent constructions do not necessarily injure other co-sharers because partition adjustments protect their rights. On that basis the Court concluded the appellate Court was not justified in directing that the nature of the land remain unchanged, and set aside that part of the appellate order.
The Court therefore bifurcated relief: it upheld the appellate decision that R. Kant was prima facie in possession and entitled to temporary injunction (leading to dismissal of the right-holders' revisions), but struck down the appellate Court's additional condition requiring maintenance of the nature of the land (leading to allowance of R. Kant's revisions to that extent).
Holding and Implications
Core Ruling:
- Civil Revision Nos. 2833 and 2834 of 1983 — dismissed (the appellate Court's finding in favour of R. Kant as to prima facie possession and entitlement to temporary injunction is upheld).
- Civil Revision Nos. 3199 and 3200 of 1983 — allowed insofar as they impugn the appellate Court's direction that the nature of the suit land should not be altered (the status quo restriction as to the nature of the land is set aside).
Additional consequences explicitly ordered in the opinion:
- No order as to costs in all four Revision Petitions.
- The parties were directed (through their counsel) to appear before the trial Court on January 30, 1984 for further proceedings.
- The trial Court was directed to dispose of the suits from which these Revision Petitions arose within six months from the date on which the parties were directed to appear before the trial Court.
Implications: The direct effect is to uphold the appellate Court's grant of temporary injunction in favour of R. Kant while removing the specific limitation on his ability to alter the nature of the land during the pendency of the suits. The opinion applies established precedent to resolve the dispute about co-sharers' rights and transferability of exclusive portions; it does not state that it is creating a new rule of law beyond the cited authorities.
Surinder Singh, J.- This judgment will dispose of four Revision Petitions constituted by two sets of two petitions each. The first set is of Civil Revisions Nos. 2833 and 2834 of 1983 filed by Jiwan Singh etc. and Sant Lal etc. respectively, against R.Kant and another in the former petition and R. Kant alone in the latter. Both these petitions had been admitted for hearing and ex parte order in favour of the revision-petitioners regarding status quo as to possession had been issued at the Motion stage. Subsequently, the other two Revision Petitions, i.e. Nos. 3199 and 3200 of 1983 were filed, by the opposite party, i.e., R. Kant, impugning the very orders which were the subject-matter of challenge in the earlier two Revision Petitions. Notice of Motion was issued in the latter two Revision Petitions on December 13, 1983, on which occasion Mr. V.K. Jain, Advocate, accepted Notice on behalf of respondent No. 1. The other respondents were ordered to be served for the next date. After due service, all the respondents were represented by a learned counsel. 2. When Civil Revisions Nos. 3199 and 3200 of 1983 were taken up for hearing after Notice of Motion, the learned counsel for the respondents in the said Revision Petitions contended that the set of two Revision Petitions admitted earlier, may also be taken up as ex parte order of status quo had been issued in those petitions and in the absence of the same, there was a possibility of conflicting decisions in regard to the interim relief to be granted in the latter Revision Petitions. Consequently, the earlier Revision Petitions were also ordered to be heard along with the latter two, in order to avoid any such conflict of decisions in the two sets of petitions, in which the same orders of the lower appellate Court had been impugned. 3. All the four Revision Petitions as also some miscellaneous matters connected therewith have been heard at considerable length, the arguments having been addressed by Mr. P.R. Mridul, Senior Advocate, assisted by Mr V.S. Vasishtha, Advocate, on behalf of R. Kant and by Mr. M.C. Bhandare, Senior Advocate, assisted by Mr. N.C. Jain, Sr. Advocate and Mr. V.K. Jain, Advocate on behalf of Jiwan Singh etc. and Sant Lal etc. 4. A brief resume of the facts is necessary for a proper appreciation of the present dispute. On March 16, 1982, R. Kant as Proprietor of R. Kant and Company filed as suit against Sant Lal and others for permanent injunction restraining the respondents from dispossessing the plaintiff from suit land and interfering with his possession. Along with the suit, an application for temporary injunction in the same terms was also moved. The plaintiff R. Kant alleged that he was in possession of the suit land comprising Khasra Nos. 9 to 16 and had developed the same for setting up a Film Studio Complex on the land. It was further alleged that the opposite party was trying to take forcible possession of the suit land. The suit was contested and the plea raised by the opposite party was that the suit land was a part of a much larger area which was a joint holding of the Proprietors of the village and that the predecessors-in-interest of plaintiff R. Kant were not in possession of the suit land. The further plea was that the alienations entered into by the said predecessors-in-interest in favour of the plaintiff were void and illegal. The trial Court was at the stage of considering the grant or otherwise of temporary injunction in favour of the plaintiff during the pendency of the suit. 5. Meanwhile, Jiwan Singh and some others, residents of the village filed a suit on April 17, 1982 for permanent injunction against R.Kant aforesaid. This suit was also accompanied by an application for the grant of temporary injunction, the allegation of the plaintiffs in this suit being that they were the Proprietors of the village and the suit land being shamilat land, could not have been transferred by some of the co-sharers who were not in exclusive possession of the same. R. Kant for himself and as Proprietor of his Firm R. Kant and Company defended his suit as also the application for temporary injunction, in which the allegation made was that they were out to take forcible possession of the suit land from the right-holders. This matter also reached the stage of consideration as to whether temporary injunction had to be granted or not in favour of the plaintiff-right-holders. It may be observed here that the trial Court considered the matter regarding the grant of temporary injunction in both the suits and disposed of the same by means of separate judgments, though, and rightly so, of common date, i.e., August 6, 1982. Except for the change of names of the parties and their title as plaintiff/defendants, the two judgments are more or less copies of each other and can be considered in consolidation. In substance, the trial Court held that R. Kant, the transferee of the property in dispute had not made out a prima facie case for the grant of temporary injunction against the right-holders. While coming to this conclusion, the trial Court refused to place reliance upon a number of Sale Deeds executed by some of the co-sharers in favour of R.Kant as also the relevant copies of Khasra Girdawris, mutation and Jamabandi, in favour of R. Kant placed on the record. The trial Court on the other hand found a prima facie case in favour of the right holders and issued temporary injunction against R. Kant and his Company restraining them from dispossessing the former from the suit land or interfering with their possession. 6. R. Kant went up in appeal against the verdict of the trial Court in the two cases mentioned above, by means of two separate appeals which were heard and disposed of by the leaned Additional District Judge (II), Faridabad, vide separate judgments both dated August 18, 1983. These two judgments are also copies of each other excepting for the names of parties and their status as appellants/respondents, the cases being cross-appeals. The learned Additional District Judge accepted both the appeals holding that R. Kant was proved to have purchased the suit property by means of various Sale Deeds placed on the record and the physical possession of the said property had been delivered to him by his vendors at the time of these sales. The learned Additional District Judge further observed that the Revenue entries consisting of Khasra Girdawris from Rabi 1978 to Kharif 1981 and the copy of the Jamabandi for the year 1976-77 showed that R. Kant was in possession of the suit property and his name appeared in the column of cultivation in the Jamabandi. The learned Additional District Judge also took note of some other attending circumstances and came to the conclusion that the orders passed by the trial Court were not legal and that a prima facie case, as also balance of convenience, had been made out in favour of R. Kant. A further finding was given that in case R. Kant was denied the relief of temporary injunction, he would suffer an irreparable loss on account of his forcible dispossession from the suit land. While accepting the appeals of R. Kant the learned Additional District Judge observed that the trial Court had not acted correctly in expressing an opinion in regard to be genuineness or otherwise of the documents relied upon by R. Kant and had wrongly gone to the extent of deciding the whole case on merits, while disposing of the application for temporary injunction, more so when the parties had not led any evidence. As a result of these findings, the learned Additional District Judge set aside the order of the trial Court and holding that R. Kant was proved to be in possession of the disputed property, granted temporary injunction against the opposite party restraining them from interfering with the possession of R. Kant over the suit land. However along with the said order the learned Additional District Judge issued further direction which is hotly contested in these Revision Petitions. The direction issued is that "in the interest of justice, it is ordered that status quo regarding suit property be maintained till the decision of the suit and its nature should not be changed by the plaintiff till then". In consequence of the orders passed by the learned Additional District Judge, the right- holders preferred the earlier two Revision Petitions against that part of the order as per which they had been temporarily injuncted and R. Kant has filed the latter two Revision Petitions with a view to impugn the direction issued to him to maintain status quo regarding the property and not to change the nature of the suit land pending disposal of the suit. The four Revision Petition have become so inextricably intermingled that it has become desirable to dispose of all the matters together. 7. Before adverting to the respective merits of the contentions raised by the learned counsel for the parties, it would be expedient to dispose of an objection raised on behalf of the respondents in Civil Revisions Nos. 3199 and 3200 of 1983. The objection pertains to the delay in the filing of the Revision Petitions. In this behalf, the petitioner filed applications under section 5 of the Limitation Act for condonation of the delay. It may be observed here that at the Motion stage it was ordered in reference to the applications that in view of the medical certificate of Dr (Lieut. Col.) P.K. Khanna, V.S.M., the delay in the filing of the Revision Petitions was condoned subject to just exceptions. The learned counsel for the respondents has submitted that the petitioners had not shown good cause for condonation of delay. After hearing the learned counsel for the parties, I find that this contention must be repelled. In the first place, in view of the fact that two Revision Petitions impugning the very orders had been filed earlier by the opposite parties and were pending disposal in this Court, the point raised by the petitioners in the present Revision Petitions could well have been argued even in the earlier Revision Petitions. This apart, by furnishing the medical certificate of a well-known Cardiologist of Sir Gang Ram Hospital, the genuineness of which cannot be doubted, the petitioners have shown sufficient cause for condonation of delay in filing the Revision Petitions. As stated to the affidavit sworn by R. Kant petitioner he had suffered a heart attack on September 13, 1983 and after being examined by the above-mentioned Cardiologist, he was advised complete bed rest for twelve weeks. It was further averred that the petitioner was able to undertake a journey to Chandigarh on December 10, 1983 and on the next date he was advised by his counsel at Chandigarh that a Revision Petition should be filed against the impugned orders in so far as it adversely affected the rights of the petitioner. Furthermore, the delay is hardly of about twenty days and in view of the circumstances noticed above, the delay stands condoned. 8. On the merits of the case, the grievances made by both the parties in their respective Revision Petitions, if formulated would be as follow : (a) the contention on behalf of Sant Lal and others and Jiwan Singh and others, right-holders is that the finding of the lower appellate Court to the effect that it was R. Kant who was in possession of the disputed property, is erroneous ; and (b) the contention on behalf of R. Kant is that the lower appellate Court, after finding that he was in continuous possession of the suit land, and granting the relief of temporary injunction in his favour, could not attach a string to this order by directing that the nature of the land shall not be altered pending the disposal of the suits. Both the above points require independent scrutiny. 9. In so far as the contention as contained in point (a) is concerned, the salient facts which have been succinctly and properly considered by the learned Additional District Judge are these : (i) For the purpose of deciding as to whether a party was entitled to the relief of temporary injunction, the trial Court was required only to see whether a prima facie case existed in favour of the party claiming the relief. This prima facie case was in favour of R. Kant. (ii) The balance of convenience lay in favour of R. Kant (ii) The plaintiff R. Kant would suffer an irreparable loss in case temporary injunction is not granted. 10. In coming to the above-mentioned conclusion, the lower appellate Court took notice of the fact that it was R. Kant who had purchased the property in dispute by means of seven Sale Deeds between the period February 26, 1975 and January 23, 1977. In all these Sale Deeds which were on the record of the case, there was recital that physical possession of the land had been delivered to R. Kant by the vendors. The second piece of evidence which was considered by the lower appellate Court is the copy of Khasra Girdawari for Rabi 1978 to Kharif 1981, wherein R. Kant was shown to be in possession of the suit land. The third document in the same context is the copy of the Jamabandi for the year 1976-77 in which the name of R. Kant appeared in the column of cultivation by virtue of the purchase of land by means of the Sale Deeds above-mentioned. Another piece of documentary evidence which was considered by the lower appellate Court, was a copy of the letter, dated July 31, 1981, as per which the Director, Town and Country Planning Department, Haryana, informed R. Kant and Special Secretary to the Government of Haryana, Town and Country Planning would pay a visit to the site in dispute on July 13, 1981, in connection with the establishment of a Film Studio Complex and allied contructions of Khasra Nos. 9 to 16. It was in the wake of all this material that the lower appellate Court found the necessary ingredients of law fully satisfied so as to entitle R. Kant the relief of temporary injunction. 11. On behalf of the right-holders, their learned counsel submitted that no relief ought to have been granted to R. Kant as he had failed to establish or show that his vendors were in actual possession of the suit land and that the possession of R. Kant over the suit land subsequent to the Sale Deeds would not arm him with the necessary possessory title. The learned counsel further sought to take the aid of two mutations Nos. 1267 and 1271 relating to the land in dispute by making reference to the same with the aid of their certified copies. As this was not objected to by the learned counsel for the opposite party, the said mutations were allowed to be referred to. The relevant exatract or these two documents, if translated in English would run as follows :- "According to the entry in the last Jamabandi, this land is Shamilat deh. The respective shares of the right-holders are mentioned in the Jamabandi. The area constituted by the land to be mutated by means of Sale Deed/Patta is in accordance with the share and in possession of the alienors. The alienors are entitled to execute the Sale Deed/Lease Deed. ... ... ... A number of right-holders have already alienated their shares in the shamilat land by sale/lease." In view of the observations extracted above, the Revenue Officer, i.e. Assistant Collector First Grade granted the mutations in respect of the Sale Deeds. The documents, i.e. the mutations referred to above, go a long way to show prima facie that the land sold by the respective right-holders to R. Kant was not only in accordance with their permissible shares but they were also in possession of the same at the time of the Sale Deeds. The other material, i.e. the copies of the Khasra Girdawris and the Jamabandi can, thus, be taken as a strong piece of corroborative evidence of his possession over the suit land. The lower appellate Court was quite correct in observing that the trial Court had gone astray in going so deep in the matter and coming to a conclusion that all the documents produced by R. Kant were fictitious. It was rightly considered that without an iota of evidence having been led by either party, there was no occasion for the trial Court to record such a final verdict which was bound to prejudice the case of one of the parties even before the trial of the case had concluded. The verdict of the lower appellate Court in regard to point (a) in favour of R. Kant must, therefore, be upheld. 12. In view of this conclusion, Civil Revisions Nos. 2833 and 2834 of 1983 merit dismissal. 13. Coming now to point (b), which is the subject-matter of the claim in Civil Revisions Nos. 3199 and 3200, of 1983 filed by R. Kant, what is required to be considered is as to whether the lower appellate Court was justified in imposing a condition that the nature of land was not to be altered during the pendency of the suits. For this purpose, what has to be kept in mind is the balance of convenience. R. Kant being found prima facie to be in actual possession of the property purchase by him from the right-holders who, in turn, were the rightful owners of the lands and were in actual possession thereof, there was hardly any occasion to place a retriction on the rights of the vendee to deal with the land in the manner as he desired. The learned counsel for the right-holders has submitted that in case the vendee raised any construction on the land it may complicate the matter in so far as the other right-holders are concerned, as every right-holder is supposed to have share in the entire shamilat area. It is, thus, argued that the balance of convenience should be held to be in favour of the right-holders and not in favour of R. Kant. The argument is not tenable. As noticed even by the Revenue Authorities which sanctioned the mutations, the vendors were in possession of their respective shares which they sold to R. Kant for due consideration. There is ample authority for the proposition that a co-sharer in exclusive possession of a portion of an undivided holding, can transfer it subject to adjustment of rights of other co-sharers at the time of partition. In Sukh Dev v. Parsi and others, AIR 1940 Lahore 473, the factual situation was absolutely in pari materia with the one in the present case and the above proposition of law was laid down by a Division Bench consisting of no less illustrious Judges than Tek Chand and Bhide, JJ. This rule of law was affirmed by this Court in Pishore Singh v. Shrimati Lajo Bai etc., 1974 Current Law Journal 626, in which the facts were once again analogous to those in the present case. A co-sharer in the land in dispute had exchanged the said land with another person who had commenced the construction of a factory building. Relying upon an earlier decision of this Court in Tek Singh v. Jaswant Singh, 1971 PLJ 656, it was held that a co-sharer in exclusive possession of the site has every right to transfer that site to a third person who would acquire a valid title thereto subject, however, to the right of the other co-sharers to have their respective shares assured to them on partition. It was further held that the raising of a construction on the disputed land could not be said to cause any injury as the rights of the other co-sharers were protected by making suitable adjustments at the time of the partition. In face of these authorities and the various facts noticed above, the lower appellate Court was not justified in directing that "status quo regarding suit property be maintained till the decision of the suit and its natrue should not be changed by defendants 1 and 2 (plaintiffs in connected Revision Petitions) till then." This part of the order of the lower appellate Court is consequently set aside. 14. In the result, Civil Revision Nos. 2833 and 2834 of 1983 are dismissed, while Civil Revisions Nos. 3199 and 3200, of 1983 are allowed in the terms as stated above. The parties have already burdened themselves with sufficient costs because of this litigation. There shall, therefore, be no order as to costs in all the four Revision Petitions. The parties, through their learned counsel have been directed to appear before the trial Court on January 30, 1984. During the course of the arguments, the learned counsel for the right-holders expressed a strong apprehension that in case the present litigation from which the Revision Petitions have arisen, is prolonged, it may create unnecessary complications inter se the parties. A prayer was, therefore, made for the issuance of a direction to the trial Court for the disposal of the suits within a specified period. The prayer is quite reasonable and it is directed that the suits from which the present Revision Petitions have arisen, shall be disposed of by the trial Court within six months from the date on which the parties have been directed to appear before the trial Court for further proceedings in the case. Ordered accordingly.
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