BHAGWAN SINGH Vs. MANI RAM AND ORS

JUDGEMENT

(1.) This is second appeal by plaintiff-Bhagwan Singh, who has been unsuccessful in both the Courts below.

(2.) Plaintiff filed suit challenging mutation of suit land in favour of State Government and another mutation regarding allotment of suit land by State Government to defendant No. 4, both sanctioned on 23.03.1983. Defendant No. 4 sold the suit land to defendant Nos. 1 to 3 vide sale deed dated 01.12.1983 and mutation thereof was sanctioned on 16.04.1984. The said sale deed and mutation are also under challenge in the suit. Judgment and decree dated 10.09.1988 passed in Civil Suit No. 760 dated 20.07.1984 titled as 'Mani Ram v. Jai Ram etc.' are also under challenge in the suit. The plaintiff alleged that he along with his brothers is co-sharers in possession of the suit land which was declared surplus by the State and was allotted to defendant No. 4. Mutations in favour of State and then in favour of defendant No. 4 are result of fraud and misrepresentation as plaintiff and other co-sharers did not receive any notice from the State Government. Defendant Nos. 1 to 3 had filed suit No. 760 dated 20.07.1984 against plaintiff and other co-sharers. In that suit, Counsel engaged by the plaintiff and other co-sharers did not appear and, therefore, the said suit was decreed ex parte vide judgment and decree dated 10.09.1988. The plaintiff and his brothers are not bound by the said judgment and decree which are result of negligence of their Counsel. Plaintiff had also earlier filed suit No. 615 dated 14.12.1989 decided on 28.02.1995, but the Court advised the plaintiff to file fresh suit and consequently, the instant suit was filed.

(3.) Defendant Nos. 1 and 2 contest the suit and controvert the plaint allegations and raised various pleas.