IDU AND OTHERS Vs. JAKARYA AND OTHERS

JUDGEMENT

(1.) This is second appeal against judgment dated 31.01.1986 passed by the Sub Judge (IInd Class), Palwal whereby the suit filed by plaintiffs Jakarya, Unus and Abdul Waheb sons of Abdul Rahim seeking relief of declaration that attachment, auction and sale deed of the suit land dated 06.08.1974, 24.02.1976 and dated 06.01.1981/10.03.1981 respectively are illegal, null and void and non-effective/nonoperative qua right of the plaintiffs, was decreed. The suit of plaintiffs was also decreed for permanent injunction restraining the defendants from interfering in possession of plaintiffs and from taking forcible possession of the suit land.

(2.) In later part of judgment, parties will be referred as 'plaintiffs' and 'defendants' as per the civil suit.

(3.) The case of plaintiffs, in brief, is that Abdul Rahim was owner in possession of 1/4th share of the land measuring 88 kanals 18 marlas situated within the revenue estate of village Utawar, Tehsil Hathin, District Faridabad as per entry in jamabandi for the year 1978-79. He left village Utawar alongwith his family during the year 1971 due to his employment in village Sarohi, Tehsil Ballabgarh. Abdul Rahim expired on 30.05.1980 leaving behind the plaintiffs as his legal heirs. Mutation no. 5654 dated 25.09.1980 was sanctioned regarding inheritance of property of Abdul Rahim by the plaintiffs.