SURAT SINGH AND ORS. Vs. BHAGWATI AND ORS.

JUDGEMENT

(1.) This Regular Second Appeal at the instance of the appellant-defendant Nos. 5 and 6 is directed against the judgment and decree dated 25.1.2011 passed by the Civil Judge (Jr.Division), Gurgaon whereby the suit of the respondents-plaintiffs for claiming declaration that the plaintiffs and defendants are owners in possession of land as per the judgment rendered in civil suit No.199/87/90 decided on 1.10.1994 as per the details given in paragraph 5 of the plaint and the cancellation of Mutation No. 1502 based on judgment be declared illegal and void, has been decreed and appeal filed by the appellants-defendants has been dismissed.

(2.) Mr. N. D. Achint, learned counsel for the appellantsdefendants in support of his grounds of appeal submits that the suit of the respondent-plaintiff exfacie was not maintainable as from the pith and substance of the pleadings, the respondents-plaintiffs had only challenged the mutation No.1502 which was sanctioned on 27.1.1995 and was set aside by the Assistant Collector suo motu.

(3.) He further submits that the civil court had no jurisdiction to set aside the order passed by the Assistant Collector under the provisions of Section 158 of The Punjab Land Revenue Act, 1887 (hereinafter called 'the Act'). He further submits that decree dated 1.10.1994 had already been passed in favour of the predecessor-in-interest of the respondents-plaintiffs, therefore, the remedy, if any for the respondents-plaintiffs was to challenge the order of cancellation mutation before Revenue Authorities and not by way of suit.