- (1.)The parties are closely related to each other. Originally, a suit in O.S.255 of 199 was filed by one Sebastian, the writ petitioner herein (Sebastian died during the pendency of the proceedings before the High Court and his legal representatives have been brought on record).
(2.)The suit was filed for injunction not to interfere with the possession of the suit property; that was dismissed by the trial Court; against that, an appeal was filed and the first Appellate Court reversed the finding and decreed the suit, as prayed for. Against the judgment of the first Appellate Court, the defendant in that suit, Jesudoss had filed the second appeal.
(3.)While these civil proceedings are pending before the City Civil Court, the said Sebastian made an application before the Revenue Authorities to declare him as the cultivating tenant of the properties; that claim was dismissed by the Tahsildar, against which he filed an appeal to the Special Deputy Collector who also confirmed the order of the Tahsildar. Against that a revision was preferred to the District Revenue Officer who also dismissed the claim of the said Sebastian. Against that, the present W.P.7851 of 1994 has been filed.