SURAJ BHAN AND OTHERS Vs. BANWARI AND OTHERS

JUDGEMENT

(1.) Hardwari had two sons Maman and Puran Singh. Banwari and Sukh Lal are the sons of Maman. Smt. Kiran, Smt. Sarti and Smt. Bhartu are his daughters. Puran Singh had two children Jagmal son and Smt. Ankauri daughter by name. The family had joint land in village Kutabpur. On January 8, 1959. Jagmal son of Purn Singh made an application before the Revenue Officer for partition of the land. Some objections were raised before the Revenue Officer, who on August 31, 1961 passed order Ex. P 2 whereby he consigned the application to Record Room with the observations that the first party should get the question of title decided first of all by the Civil Court. Thereafter, Sultan and Surinder Singh sons of Suraj Bhan happened to acquire 1/8th share of and by way of gift from their grandmother Smt. Phulan. In this manner, Sultan and his minor brother Surinder Singh had also become the co sharers of the land dispute.

(2.) Banwari respondent No. 1 made another application for partition of the land in the year 1969 before the Revenue officer. Revenue officer summoned the parties. Before him, Shri Shiv Narain, Advocate, appeared and made a statement to the effect that the possession be kept intact and the land of the parties be partitioned. Sansar Chand. P. W. 2 who at the material time had been working as a Reader of the Revenue officer made a statement that the Advocate represented Suraj Bhan as well his sons Sultan and Surinder Singh. This statement was accepted by the Revenue who effected partition of the land.

(3.) Suraj Bhan and his sons Sultan and Surinder Singh brought a suit, for declaration that the petition proceedings were void and honest in the eyes of law. This suit has been dismissed by both the learned Courts below. The plaintiff-appellants have come up in second appeal.