HARI SINGH Vs. SURJIT SINGH

JUDGEMENT

(1.) In this order, the parties are referred to by their original positions in the suit. This revision is against the order dated 28th April, 2011 passed by the learned Additional Civil Judge (Senior Division), Naraingarh held the suit filed by the plaintiffs, private respondents herein, for declaration to challenge sale order dated 23rd July, 1993 and the conveyance deed dated 31st August, 1993 in respect of the evacuee property filed after 18 years (Suit No. 202 of 2010) to be maintainable. The trial Court has proceeded further in deciding the preliminary issue in favour of the plaintiffs-respondents No. 1 to 4. The defendants in the suit who are petitioners in this revision, had purchased 11K-14M of land situated in the revenue estate of village Jatwar, Tehsil Naraingarh, District Ambala in restriction auction open only for Harijans. The defendants were auction purchasers and the sale was confirmed by the Settlement Officer (Sales), Ambala vide order dated 23rd July, 1993 and possession was delivered to the auction purchaser by the Department vide Rapat No. 476 dated 28th August, 1993. The conveyance deed was issued 3 days thereafter.

(2.) On 3rd September, 1993, Thakur and Shama, predecessors in interest of the private defendants, present respondents, filed Civil Suit No. 279 of 1993 for permanent injunction against the State of Haryana, Tehsildar (Sales), Ambala and Bhag Singh auction purchaser claiming that they are in cultivating possession of the suit property for the last more than 30 years and are entitled to transfer of land under Government instructions, praying for a permanent injunction restraining the defendants from interfering in the possession over the suit land.

(3.) The suit was contested by the Department as well as Bhag Singh from whom the petitioners purchased the land being Harijans and entitled participate in restricted auction of evacuee property. The suit was dismissed by the Civil Judge (Senior Division), Ambala City vide judgment and decree dated 1st June, 2006. Civil Appeal No. 69 was dismissed on 9th December, 2006. Regular Second Appeal No. 2472 of 2008 filed by the defendants as legal representatives of Thakur and Shama was dismissed by this Court on 30th October, 2009 holding that the defendants and appellants are not Harijans and have no right to challenge the auction. This Court returned a finding that the defendants had failed to prove possession after 28th August, 1993. The following order was passed in the appeal 30th October, 2009:-