ASHOK NAGAR WELFARE ASSOCIATION Vs. R K SHARMA

JUDGEMENT

(1.) After notice the SLPs have been heard at length.

(2.) The common judgment of the Division Bench of the Delhi High Court in RFA (OS) No. 32/2000 and RFA (OS) No. 35/2000 is being assailed in these appeals by the plaintiff who instituted two suits Nos. 544 of 1991 and 597 of 1991 in the High Court. The first suit was filed against 48 defendants and the other suit against 52 defendants who were alleged to be unauthorised occupants of plots/houses located in Khasra No. 393/264 situated in Ashok Nagar (Chilla Village). Inter alia it was alleged in the plaint that the members of the Association (some of whom are the defendants) jointly and severally agreed to relinquish their respective rights in favour of the first plaintiff and further empowered the second plaintiff to institute requisite legal proceedings in order to safeguard the land in dispute. It is also alleged that the defendants were inducted into possession unauthorisedly by certain persons named in the plaint who were said to be the predecessors in the title and therefore the defendants were trespassers of the disputed land. It is then alleged that the defendants " forcibly dispossessed the plaintiff-Association from its constructive possession". The suits were purportedly filed under Section 6 of the Specific Relief Act and decree for possession/restoration of possession was sought for.

(3.) It is not necessary to deal with the history of the litigation pertaining to the suit land or the other details turning on the merits of the suits. Suffice it to notice that service on the defendants was treated to be complete and the Court directed by an order dated 14-5-1992 that the defendants be proceeded against ex parte. Affidavit evidence was taken on record. Both the suits were decreed on the finding that the defendants had illegally dispossessed the plaintiffs from the suit property and they were in the position of trespassers. Such ex parte judgment and decree was passed on 6-8-1997 in Suit No. 597 of 1991 and on 27-1-1997 in Suit No. 544 of 1991 by a learned single Judge in exercise of original jurisdiction. When defendants were sought to be dispossessed on the strength of the ex parte decrees, appeals were filed on the allegation that the appellants/defendants were not aware of the suits and they came to know for the first time of the decrees passed in the suits on D/- 8-4-2000 when the police officials came to inspect the area in order to enforce the Court warrants. Petitions for condonation of delay in filing the appeal were also filed. The Division Bench of the High Court thoroughly examined the record to ascertain whether the summons were factually served or deemed to have been served in accordance with law and having accepted the case of the defendants, set aside the ex parte judgments and decrees passed by the learned single Judge and ordered fresh trial of the suits on merits in accordance with law. The learned Judges found sufficient ground to condone the delay. The concluding part of the Judgment reads as under :-