DHARAMPAL Vs. HARI CHANDRA ALIAS HARISH CHANDRA

JUDGEMENT

(1.) Petitioners/plaintiffs filed this petition challenging the order Annexure P/11 dated 24.11.2000, whereby the application filed by the plaintiffs under Order 38 Rule 5 of C.P.C has been rejected.

(2.) The plaintiffs filed a Civil Suit for declaration, injunction, recovery of possession and mesne profits with regard to land situated at Gwalior named as Temak Bagh (in brevity suit property). It has a long history of persons who got the ownership and also litigation. Initially it was a property of Jagir managed by Madhav Rao who had two sons namely Bapu Saheb and Yashwant Rao, Yashwant Rao was the elder son, hence he became owner of the Jagir property and there after when he died in the year 1924 his wife Janki Bai became owner of the property. She executed a sale deed of the suit property in favour of Dharmawati Bai on 10.01.1963. Thereafter Dharmawati sold it to Purendra Kumar by another sale deed on 27.12.1968. Then Purendra Kumar sold it to Dharampal and Rajendra Syal by two sale deeds dated 13.07.1981 and 20.07.1981. The present petitioners/plaintiffs got the property by way of aforesaid sale deeds. One Bapu Saheb filed a suit in the year 1961 which was registered as Civil Suit No.25-A/1962 claiming himself to be landlord for recovery of rent and that suit was dismissed.

(3.) Thereafter one Shiv Singh Temak also filed a suit of the property which was registered as Civil Suit No.5-A/1964. It was decreed on 14.09.1974. Thereafter First Appeal was filed before the High Court which was registered as F.A No. 1/1975. During pendency of the appeal the plaintiffs of the present suit were impleaded as appellants in place of Dharampal because they purchased the property by registered sale deeds. Harichand was also permitted as conductor of the suit in place of Shiv Singh. The appeal was allowed and suit filed by Shiv Singh was dismissed. Thereafter LPA No.55/1989 was filed which was also dismissed on 02.09.2005. Thereafter SLP was filed before the Hon'ble Supreme Court. The Hon'ble Supreme Court granted leave and it was registered as Civil Appeal No.4361/2007. The Hon'ble Supreme Court dismissed the appeal by holding that the Janki Bai was the owner of the suit property and Shiv Singh had no right in the suit property.