DALIP SINGH Vs. HET RAM AND OTHERS

JUDGEMENT

(1.) This order shall dispose off Regular Second Appeal Nos.978 and 1303 of 1986.

(2.) Het Ram, appellant, in RSA No.1303 of 1986, challenges judgment and decree dated 22.02.1986, passed by the Additional District Judge, Sirsa, whereby his suit for possession has been partly decreed. Dalip Singh, respondent no.1, in this appeal has filed Regular Second Appeal No.978 of 1986, challenging the same judgment and decree by alleging that the suit should have been dismissed in its entirety.

(3.) Het Ram, filed a suit for possession, claiming that vide decree dated 04.11.1952, he had been declared owner of land bearing Rect. No.252, Killa No.9/1(2-15), Rect. No.253, Killa No.4(8- 0), total measuring 10 kanals 15 marlas, situated in village Kharia, Tehsil and District Sirsa but the land was ordered to be auctioned, by the Managing Officer (Rehabilitation), treating it as evacuee property. The land was purchased by Shanu Ram, being the highest bidder. Shankar Dev son of Hari Singh dispossessed the appellant, but in an appeal filed by Het Ram before the Deputy Secretary (Rehabilitation)-cum-Settlement Commissioner, Haryana, the auction was set aside, vide order dated 16.12.1981. The appellant thereafter, filed a suit for possession by arraying Hari Singh as a respondent. During pendency of the suit and pursuant to a compromise, it was agreed that 2 kanals and 15 marlas of the land would remain with Het Ram as owner whereas the remaining land would remain in possession of Hari Singh. The appellant prayed that as he is owner of the land, in dispute, a decree for possession be passed with respect to the entire land.