ISHWAR SINGH Vs. RAM PYARI

JUDGEMENT

(1.) This order shall dispose of Civil Revision Nos. 6512 of 2010 and 112 of 2011, as common questions of law and facts are involved in both the cases. For reference, facts are taken from Civil Revision No. 6512 of 2010. Smt. Madia @ Maria had filed a civil suit No. 26 on 08.02.1999 for possession of = share out of agricultural land measuring 132 Kanals 17 Marlas while challenging mutation No. 2135 dated 06.03.1994 regarding inheritance of Ghasi son of Mangat, as null and void.

(2.) Similarly, Ram Piari-petitioner had filed a civil suit No. 131 on 15.06.1995 titled as 'Ram Piari v. Sh. Krishna and others' for declaration to the effect that she was the owner of 3/4 share out of the agricultural land as referred to above and had also challenged the aforesaid mutation No. 2135. However, she had also challenged the judgment and decree dated 06.01.1994. The petitioner had claimed that Ghasi son of Mangat was owner in possession of 1/2 share in the agricultural land, as fully detailed in head note of the plaint.

(3.) The Civil Judge (Junior Division), Panipat, vide judgment dated 30.04.2005, had decided both the suits together by passing a common judgment, whereby suit filed by the petitioner was dismissed and the suit filed by Madia @ Maria, now represented through respondents, was decreed with costs.