NARAYAN Vs. ACHAL KUMAR JAIN

JUDGEMENT

(1.) Present petition under Article 227 of the Constitution of India has been filed by the plaintiffs seeking setting aside of impugned order dtd. 28/5/2024 (Annexure P5) passed by learned Civil Judge, Junior Division, Gurugram whereby the application filed by the petitioner under Order 39 Rule 1 and 2 CPC has been dismissed; and the order dtd. 21/11/2024 (Annexure P6) passed by learned Additional District Judge, Gurugram whereby, the appeal filed by the petitioners/plaintiffs against order dtd. 28/5/2024, has been dismissed.

(2.) Brief facts of the case are that the plaintiffs filed the present suit for declaration (Annexure P1) with consequential relief of permanent injunction, claiming to be co-owners in possession of suit land described as bearing Rect. No.15 Killa no. 15/2/1(3-17) measuring 3 kanal 17 marla to the extent of 30/693 share measuring 3 marla 3 sarsai situated in revenue estate of Kaderpur, Tehsil Wazirabad, District Gurugram. Along with the said suit, the petitioners had filed an application under Order 39 Rules 1 and 2 read with Sec. 151 CPC (Annexure P2) which has been dismissed vide the impugned orders. Hence, present revision petition.

(3.) Learned Senior Counsel for the petitioners submits that the khasra number in dispute is bearing No.15/2/1, which in actual fact measures 3 kanal 17 marlas. However, due to error in the Jamabandi for the year 2000-01 and 2005-06 (Annexure P7), khasra No.15/2/1 is shown to be measuring 3 kanal 7 marla. Unaware of this, the petitioners had sold total land measuring 10 kanal 17 marla to defendants No.1 and 2 vide Sale Deed dtd. 19/4/2005 (Annexure P8), in which also it was shown that in khasra No.15/2/1 land measuring 3 kanal 7 marla had been sold. Thereafter, the said land measuring 10 kanal 17 marla was sold to various people and was now in the hands of defendants No.5 and 6/caveators herein.