PISHORA SINGH Vs. SHRIMATI LAJO BAI

JUDGEMENT

(1.) THE circumstances giving rise to this revision petition may be briefly stated as under: - -

(2.) KHALINDA Ram was owner of the suit land, which is 506 kanals in area. He died on September 10, 1959 leaving behind his widow Smt. Tulchhi Bai, three sons viz. Bhagwan Dass, Om Parkash and Chettan Dass, and five daughters ; viz., Sarvshrimati Lajo Bai, Bhago Bai, Paso Bai, Bhagwani Bai and Kalo Bai. Therefore, all of them succeeded to the aforesaid land, measuring 506 kanals, as heirs of Khalinda Ram and their shares therein were 1/9 each. On October 15, 1959, Smt. Tulchhi Bai relinquished her share as well as the shares of her five daughters in the aforesaid land in favour of her three sons, viz., Bhagwan Dass, Om Parkash and Chettan Dass. In doing so, she had acted as guardian of her daughters. The relinquishment deed was registered and on its basis mutation No. 1802 was sanctioned on April 27, 1961. In the month of July, 1973, Bhagwan Dass exchanged land measuring 24 kanals 12 marlas comprised in fields No 21, 22 min of Rectangle 2% and fields No. 24, 25 of Rectangle 29 (hereinafter called the land) out of the aforesaid land measuring 506 kanals, left behind by (sic) Ram with the land, equal in area, comprised in fields No. 3/1, 3/2, 4, 5, 7 min, 8 min and 13 mm of Rectangle 21 and field No. 1 of Rectangle 21 belonging to Pishora Singh Smt. Lajo Bai and Smt. Bhagn Bai instituted the suit for declaration that the aforesaid relinquishment deed and the transaction of exchange of land effected by Bhagwan Dass with Pishora Singh were not binding on them. They impeached the validity of the relinquishment deed, executed by Smt. Bhago in favour of her sons, alleging that she had no right to relinquish their shares in land in their (her son) favour. As a consequential relief, they claimed perpetual in junction to restrain Pishora Singh from erecting building on the land. Along with the suit they moved an application under order 39, rules 2 and 3 and section 151, Civil Procedure Code, for ad interim injunction restraining Pishora Singh from raising construction on the land Pishora Singh contested the said application. He pleaded that he had obtained the land by giving canal irrigated laud to Bhagwan Dass in exchange, for installing the factory and had obtained loan from the Haryana Khadi and Gram Board, Chandigarh, for the purpose, and that physical possession of the land had been delivered to him. The trial Court declined the ad -interim injunction prayed for by Smt. Bnago and Smt. Lajo They carried appeal and the learned Additional Judge, Hissar, granted the ad -interim injunction restraining him from raising construction on the land. Therefore Pishora Singh has come to this Court in revision.

(3.) IT , thus, means that there were nine heirs of Khalinda Ram, who had succeeded to the land measuring 506 kanals and the share of Bhagwan Dass therein even if the relinquishment executed by Smt. Tulchhi Bai on her behalf or on behalf of her daughters in his favour and in favour of his two brothers is ignored, was 1/9. The area of land of his 1/9 share would be 56 Kanals 4 Marlas. Therefore, it cannot be gainsaid that the land, which had been exchanged by him with Pishora Singh's land, is less than his 1/9 share in the land measuring 506 kanals.