RAJ KUMAR & ORS. Vs. ARJUN & ORS.

JUDGEMENT

(1.) This second appeal by Raj Kumar and other is against the order of Additional Commissioner dated 28-10-1994 whereby he allows first appeal setting aside the judgment and decree of trial Court dated 18-8-1993 dismissing the declaratory suit of Arjun Lal and Bhim Pal.

(2.) The facts as per exposition in the pleading are: On 21-12-1987 Arjun Lal and Bhim Pal institute a lawsuit saying they are alone Bhumidhar tenants from the time of ancestors but by an error the name of Baul too has been entered along with them. He had no concern or possession over the land. Baul has died and his sons Pancham Lal and Jeet Lal are impleaded here as defendants. Since name of Baul is noted erroneously it is be clouding their title, and hence the cause of action for the suit. The land is situate inside tile limits of Nagar Mahapalika and hence Administrator, Nagar Mahapalika is impleaded as a defendant. The relief of a declaration that they are Bhumidhar tenants in possession is prayed for.

(3.) On 6-4-1988 a purported Iqbaldawa on behalf of defendants Pancham Lal and Jeet Lal. This admit their father Baud's name is incorrectly noted in the Khatauni. That he has already sold his share and, therefore, has no concern with suit land. A turnaround through an application dated 17-11-1992 when Jeet Lal says he lives in Delhi for over 10 years and has filed no Iqbaldawa admitting the claim. They were never effectually served with summons and the address given is incorrect. On 25-1-1993 Assistant Collector grants the prayer to enable him to file a written statement by 27-2-1993. Still then it is not filed. A new development when Smt. Tara Devi, widow of Panna Lal, moves for impleadment of her sons Raj Kumar, Ram Kumar and Shyam Kumar as parties. She says Baul had three sons : Jeet Lal, Pancham Lal, Panna Lal and Panna Lal. Panna Lal has died leaving behind three sons : Raj Kumar, and Ram Kumar and Shyam Kumar as minors under her guardianship. She asserts the names of all legal heirs of Baul has not been mutated. An affidavit in support of contentions. The motion of impleadment is rejected. This ends her enterprise.