PIRU Vs. BALBIR SINGH AND ORS.

JUDGEMENT

(1.) THIS is a defendant's Regular Second Appeal against the judgments and decree, passed by both the courts below, whereby suit of the plaintiffs for declaration and possession has been decreed.

(2.) IN this case, the dispute is about 82 kanals 1 marla of land situated in village Bahri, Tehsil and District Jind. With regard to this land and some other land, defendant No. 1 (appellant herein) filed Civil Suit No. 537 of 1971, only against the Gram Panchayat of the Village, for declaration to the effect that the suit land was Jumla Malkans land, which was partitioned, and he had become owner of the same. The said suit was decreed on 16.12.1971 on the admitted written statement filed by Telu Singh, Sarpanch of the Gram Panchayat, who was none else, but the real brother of defendant No. 1. On the basis of the said decree, mutation No. 718 was sanctioned in favour of defendant No. 1. Subsequently, on 25.2.1978, the plaintiffs (respondents No. 1 and 2 herein) filed the instant suit in a representative capacity on behalf of all the right holders of the village under Order 1 Rule 8 CPC, for recovery of possession of the suit land, by seeking declaration that the judgment and decree dated 16.12.1971 is null and void, collusive and ineffective against the rights of the proprietors of the suit land, who were not party to the suit.

(3.) ON the pleadings of the parties, the following issues were framed: