AMRAT SINGH CHAUHAN Vs. DASS RAM

JUDGEMENT

(1.) The petitioner herein filed a civil suit against the respondent for a declaration and also permanent injunction, as a consequential relief thereof. The allegations made by him in the course thereof were as under:-

(2.) The land in suit, owned by Gian Chand and Ganeshi, was under the tenancy of one Dalpat on a fixed rent for the last more than 50 years. On the death of Dalpat, the tenancy rights therein were inherited by Naresh and his other sons. His other sons relinquished their tenancy rights in that land, which thereby came to be inherited by Naresh only who came into possession of that land in place of his father Dalpat. Naresh aforementioned filed a civil suit in the Court of Assistant Collector Ist Grade to obtain a decree about the acquisition of the occupancy rights in that land. That suit was decreed by the Assistant Collector Ist Grade, Ballabgarh, on 23.1.991. Naresh aforementioned thereby became owner of that land and Gian Chand and Ganeshi ceased to have any right or title in it. Naresh aforementioned filed a civil suit against Chandrawati etc. for a declaration/permanent injunction in respect of certain land. That suit came to be decreed by the Court of learned Civil Judge (JD), Faridabad, and he was declared to be owner in possession of that land under the provisions of the Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act . The array of defendants in that suit included Dass Ram (respondent herein) as well and also Gian Chand and Ganeshi, both of whom contested the suit. Thereafter, Naresh sold out 15 kanals 0 marlas area to Jai Ram, vide registered sale deed dated 18.12.1991 and also handed over the possession of that land to him. A mutation also came to be sanctioned in favour of Jai Ram on the basis thereof. Jai Ram aforementioned sold that land to Sanjay Singhal and Shiv Kumar Tyagi, vide sale deed dated 7.12.1992. The possession of that land was also handed over to the vendees. A mutation, too, was sanctioned on the basis thereof. Sanjay Singhal further sold that land to Salesh Yadav vide registered sale deed dated 27.6.1995 and a mutation came to be sanctioned on that basis. Salesh Yadav, aforementioned sold that land to the plaintiff, vide registered sale deed dated 16.10.1996. The possession of that land was also handed over to the plaintiff and a mutation too was sanctioned on the basis thereof. Name of one Tillu Ram came to be entered in the Jambandis for the year 1990-91 onwards in the column of cultivation, as being in possession of that land. That entry was invalid as was the deletion of Dalpat and Naresh. Therefrom, that entry in favour of Tillu Ram is not binding upon the plaintiff and Naresh.

(3.) The legal representatives of Tillu Ram, alongwith one Baljit Singh, filed a civil suit against Naresh in respect of land in suit. Along therewith they also filed an application under Order 39 Rule 1 and 2 C.P.C. The claimed to be in possession of that land; while Baljit Singh resisted that suit on an averment that Gian Chand and Ganeshi had entered into an agreement to sell off that land to him. That plea was ordered to be dismissed, vide order dated 27.11.1991 and it was held that it was Naresh who was in possession of that land. An appeal filed by Baljit and Lrs of Tillu Ram against that order was rejected by the learned Addl. District Judge, Faridabad, vide order dated 8.8.1993. That suit ultimately came to be dismissed, vide judgment and decree dated 17.5.1995. In that manner, the adjudication in that Civil Suit was to the detriment to the legal representatives of Tillu Ram.