HARENDER SINGH Vs. ADIVASI KALYAN SAMITTEE

JUDGEMENT

(1.) BOTH appeals impugn the common judgment and decree dated 22nd December, 2009 of the Court of Additional District Judge, Delhi, of dismissal of suit No.84/08/94 filed by the three appellants namely Shri Harender Singh, Ms. Kusum Lata Jain and Shri Kiran Singh against the respondent Adivasi Kalyan Samitee and decreeing suit No. 85/08/95 filed by the said Samitee against the appellant Shri Harender Singh and three other persons, namely, Smt. Shyama Bansal, Shri Shashi Karan Garg and Shri Indraj Singh Jatav. Of the said three persons, Shri Shashi Karan Garg was deleted as defendant in the suit, during the pendency of the suit and the suit was decreed against the appellant Shri Harender Singh as well as against Smt. Shyama Bansal and Shri Indraj Singh Jatav. However, Smt. Shyama Bansal and Shri Indraj Singh Jatav have not challenged the decree against them. The counsels have been heard.

(2.) THE factual position which emerges is that Smt. Shyama Bansal, wife of Late Shri T.R.Bansal and Shri Shashi Karan Garg, were the owners of land in Khasra No.101/28, admeasuring 10 bighas 4 biswas in the village of Khera Khurd, Delhi, out of which 5 bighas 2 biswas of land was owned by Smt. Shyama Bansal and the other 5 bighas and 2 biswas of land was owned by Shri Shashi Karan Garg.

(3.) SMT . Shyama Bansal also, vide two registered sale deeds, both dated 30th March, 1988, out of her share of 5 bighas and 2 biswas sold two plots of 2 bighas each to the Samiti and put the Samiti into possession thereof.