OM PARKASH Vs. RAM PARKASH

JUDGEMENT

(1.) BY this judgment, I dispose of three civil revisions bearing Nos. 3123, 3124 and 3481 of 1994 titled as Om Parkash and others v. Ram Parkash and another, Om Parkash and others v. Ram Parkash and Om Parkash v. Ram Parkash and another respectively as in my opinion all these revisions can be disposed of by one judgment.

(2.) IT is necessary for us first to refer the facts of each case. Ram Parkash is the respondent before us in all the cases. He filed 3 suits. First suit filed by him on 24.9.1986 bearing No. 101 of 1986 against Om Parkash and Ram Kishan. It was a suit for permanent injunction in which it was alleged by the plaintiff-Ram Parkash that he along with Tulsa Ram, Om Parkash and Multani Lal purchased 47 kanals 8 marlas of land out of 101 kanals 7 marlas of land from Vasdev through registered sale deed dated 5.8.1981. Each of them were having 800/2027 shares, 1147/2027 share and 133/2027 share respectively. The share of Tulsa Ram was wrongly described as 1600/2027 and that of plaintiff-Ram Parkash was similarly described as 147/2027. When the mistake was discovered, Tulsa Ram executed an agreement on 23.7.1983 admitting the share of the plaintiff-Ram Parkash in the land so purchased from his 947/2027 share and his own share as 800/2027 instead of 1600/2027 and also admitted that the plaintiff-Ram Parkash is in actual physical possession of 947/2027. Tulsa Ram was the father of Om Parkash. Subsequently, Tulsa Ram died and on account of dishonesty in the mind of Om Parkash, he wanted to enter into his possession forcibly and illegally in his 47 kanals 7 marlas share which was in actual cultivation of the plaintiff-Ram Parkash. Request of the plaintiff-Ram Parkash to get it corrected was declined by Om Parkash. Hence the suit was filed by Ram Parkash against Om Parkash and Ram Kishan for injunction.

(3.) THE third suit was instituted by Ram Parkash on 8.11.1986 bearing civil suit No. 676 of 1986 for permanent injunction against Om Parkash and his brother and sisters and mother relating to one more sale deed dated 5.8.1981 and in that case also Tulsa Ram executed an agreement dated 23.7.1983 for correction of his share as 947/2027 instead of 147/2027 share and share of Tulsa Ram was to be corrected from 1600/2027 to 800/2027.