RAMA Vs. HARI SINGH

JUDGEMENT

(1.) THIS appeal is directed against judgments and decrees dated 3.11.1980 and 3.3.1982 passed by Senior Sub Judge, Sonepat in Civil Suit No. 84 of 1978 and Additional District Judge, Sonepat in Civil Appeal No. 17/13 of 8.2.1980, respectively.

(2.) THE plaintiffs-appellants including appellant No. 1-Rama, who was minor and was represented through his real brother Shri Suraj Bhan, filed a suit for declaration and possession in the Court of Senior Sub Judge, Sonepat. They averred that the land detailed in para 1 of the plaint was in cultivating possession of S/Shri Hardawari, Hari Ram, Fattu and Ratia as occupancy tenants under Achhpal and others. After the deaths of Fattu, Hardwari and Hari Ram, the land continued to be in occupation of Ratia, as an occupancy tenant and he became owner by virtue of the provisions of the Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1953. Ratia died issueless and on his death, plaintiff-appellant No. 3-Jai Kanwar and one Rattia Ram son of Shiv Ram succeeded him in equal shares. The said Rattia Ram left a registered will dated 5.2.1968 in favour of the plaintiffs-appellants No. 1 and 2. Desa son of Phula, Shanker son of Mohan Singh, Giani son of Ram Dhan, Mulkhi son of Mangta and Hari Singh son of Bansi, all residents of village Takola, Tehsil and District Sonepat filed an application for ejectment against Rattia Ram and plaintiff-appellant No. 3 before Assistant Collector, Sonepat which was dismissed on 29.4.1967. Thereafter, they tried to take forcible possession of the land. Thereupon, Rattia Ram and plaintiff-appellant No. 3 filed an application under Section 145 of the Code of Criminal Procedure (for short, 'Cr.P.C.') before Sub Divisional Magistrate, Sonepat, who passed order dated 16.12.1967 and declared them owners in possession of the suit land. This was followed by a suit for injunction filed by Desa and others which was dismissed on 23.8.1968. In 1977, the plaintiff-appellants filed an application dated 5.4.1977 before Sub Divisional Magistrate, Sonepat under Section 145 of the Cr.P.C., who attached the suit land but directed the parties to seek determination of their title by approaching the Civil Court. Thereafter, the plaintiffs-appellants filed a suit for declaration and possession.

(3.) THE plaintiffs-appellants filed replication reiterating their stand in the plaint and, at the same time, controverted the averments contained in the written statement.