VINAY PAL SINGH Vs. VIJAY KUMAR SINGH

JUDGEMENT

(1.) This shall dispose of Regular Second Appeal Nos. 2670 and 3203 of 1996. Facts are taken from R.S.A. No. 2670 of 1996.

(2.) The Regular Second Appeals have been preferred by the defendants against the judgment and decree of the Courts below whereby plaintiffs have been declared to be owners in possession of the suit land and the adverse entry in the revenue record showing defendant No. 1 to be in cultivating possession of the land in dispute to be ineffective against the rights of the plaintiffs. A further decree for permanent injunction restraining the defendants from taking forcible possession or otherwise interfering in the enjoyment of plaintiffs over the suit land has also been passed in favour of plaintiffs and against the defendants. This case has a chequered history and in order to bring the litigation to an end, it becomes necessary to give the facts of the case in detail.

(3.) One Mahi Pal Singh @ Hari Pal Singh was the owner of the land in dispute, besides other land in villages Udaipuri and Goela, District Gurgaon. He died on 25.1.1948. His widow Jawala Devi inherited his property. Mutation was sanctioned in her favour in 1948. Since the husband of Jawala Devi had left behind much land and she being widow was not in a position to lookafter the land, allowed one Mukat Singh (uncle of Vinay Pal Singh, defendant No. 1) (appellant No. 1 herein), to cultivate some portion of the land without any intention of making him as her tenant. On finding that Mukat Singh had started asserting himself to be a tenant, Jawala Devi filed suit against him for permanent injunction for preventing him from cultivating the suit land. In the alternative, she prayed for possession. On contest by Mukat Singh, suit was decreed by the trial court and on appeal, Additional District Judge affirmed the judgment and decree of the trial court. Regular Second Appeal No. 1566 of 1974 filed by Mukat Singh was dismissed by this Court on 8.11.1982. The judgment in the case of Mukat Singh is reported in 1983 P.L.J. 182.