VAISH AGGARWAL PANCHAYAT Vs. INDER KUMAR AND ORS.

JUDGEMENT

(1.) The facts relevant to be stated for the adjudication of the present appeal are that the contesting respondent Nos. 1 and 2 Inder Kumar and Yogendra Kumar, had filed a Civil Suit bearing No. 806 of 1993 against Krishan Chand Gupta, respondent No. 5, and Ved Prakash, original respondent No. 3, for a decree of specific performance of agreement to sell in respect of land measuring 20 kanals with the consequential relief of permanent injunction. The suit was decreed by the learned Civil Judge (SD), Kurukshetra by judgment and decree dated 19.9.1998 and no appeal was preferred against the same. Subsequently, the Respondent Nos. 1 and 2 sought execution of the decree and during its pendency, the Petitioner, Vaish Aggarwal Panchayat (society), filed objections claiming that it is the owner of the suit land by way of gift deeds dated 5.3.1997 and 6.3.1997 executed by Ved Prakash and Banarsi Dass.

(2.) The objections filed by the Society were rejected vide order dated 4.11.2000. Thereafter, the Society filed an application for setting aside the judgment and decree dated 19.9.1998 and for stay of the execution, which was dismissed vide order dated 19.4.2001 and the appeal filed by the society against the same was also dismissed vide judgment dated 1.10.2004.

(3.) In the meantime, a suit for declaration bearing no. 333/03 of 2001 was filed by the Society for declaring the judgment and decree, dated 19.9.1998 passed in Civil Suit No. 806 of 1993 by the Civil Judge (SD), Kurukshetra, and the subsequent sale deed dated 30.1.2001 and mutation No. 2450 as illegal, null and void with the consequential relief of permanent injunction. The present respondent Nos. 1 and 2, who are defendants in the said suit, appeared before the trial court, entered contest and after issues were framed moved an application under Order 7 Rule 11, Civil Procedure Code (CPC), for rejection of the plaint on the ground that the suit was barred by law. The trial Court, vide order dated 7.12.2005 allowed the application moved by the defendants therein.