BUDHA AND OTHERS Vs. KALU AND OTHERS

JUDGEMENT

(1.) C.M. No. 9422-C of 2011

(2.) The plaintiffs filed a suit for permanent injunction alleging that they were joint owners and in actual, physical, cultivating, continuous possession of the land bearing khewat/khatoni No. 101 Min/153/149/142, Khatoni No. 188, Rect. No. 6, Killa No. 11(8-0), Khewat/Khatoni No. 103 Min/156, Rect. No. 6, Killa No. 10/2 Min (1-2), total measuring 9 kanals 12 marlas land, situated within the revenue estate of village Baghpur Kalan, Tehsil Palwal, District Faridabad. It was contended that the suit property is ancestral and by virtue of a judgment and decree dated 05.08.1991 titled Kalu and others vs. Rattan Singh and others, the present plaintiffs including Rahul, who died and his share has been inherited by his mother Smt. Beer Bati vide mutation of inheritance No. 1200 dated 30.9.1997, the plaintiffs have been declared as owners in possession of the suit land with all rights and title. It was contended that the defendants are strangers and have no concern, right, title or interest in the suit property and are wanted to take forcible possession and have also filed an application in the Court of the Assistant Collector, IInd Grade, Palwal for correction of khasra girdawari. The said application had not been decided and thus the plaintiffs were apprehending that they would be forcibly dispossessed from the land in question.

(3.) The defendants appeared and filed written statement taking various preliminary objections regarding the maintainability of the civil suit, locus standi, estoppel etc. It was contended that they are owners in possession of the suit land and that the decree dated 05.08.1991 is an illegal decree not affecting the right, title and interest of the defendants. It was alleged that common ancestor Sukhi was cultivating the suit land and Soni, Buddha and Ramji Lal are real brothers and Soni had handed over the possession of the suit land to defendants no. 1 to 3 more than 30 years ago and defendants are cultivating the suit land as owners and accordingly, a petition for correction of khasra girdawari was filed. The decree being a sham document has been procured to defeat the rights of the defendants fraudulently and illegally. The defendants came to know about the wrong revenue entries in the month of May 2003 and then filed a petition on 11.06.2003 in the Revenue Court. Soni, Buddha and Ramji Lal were holding agricultural land jointly including the other agricultural land in village Baghpur Kalan and the land in suit was given to defendants no. 2 and 3 by Soni-deceased and accordingly, the defendants No. 1 to 3 are in possession and the revenue entries in the name of the plaintiffs are wrong.