ATTAR SINGH Vs. MAQTUL BAJ

JUDGEMENT

(1.) C.M. No. 13925-C of 2010 The application for impleading the legal representatives of deceased-Karan Singh is allowed subject to all just exceptions and the legal representatives are ordered to be brought on record. RSA No. 4702 of 2010

(2.) The appellants-defendants are in regular second appeal against the concurrent finding of fact whereby the suit of the respondents-plaintiffs claiming declaration that the plaintiffs are owners in possession of the suit property as described in the plaint and permanent injunction on the premise that the defendants did not have any concern with the suit land by challenging the revenue entry to be illegal and null and void, has been decreed by both the courts below.

(3.) Before adverting to the rival contentions of the parties, it would be apt to give factual matrix involved in the controversy as emanated from the pleadings of the parties. The respondents-plaintiffs instituted the aforementioned suit on the premise that father of the defendants namely Khubi son of Amit Chand was in cultivating possession of the land as Muzara/tenant but failed the pay the lagan, necessitating the plaintiffs to institute a petition under Sec. 9 and 14(A) of the Punjab Security of Land Tenure Act before the Assistant Collector, Bhiwani. The aforementioned petition was decided on 30.06.1980 whereby Khubi was directed to hand over the vacant possession of the suit land. After ejectment order, Khubi cleverly left the physical possession of the suit land after paying Rs.1000.00 to the plaintiffs and gave affidavit in that regard. But in 1993, Rajpal Singh, one of the co-sharers and attorney holder of all the plaintiffs, gave suit land to the Forest Department for plantation of trees in five acres of land. The copy of the affidavit of Khubi was given to the Patwari for making necessary entries in the revenue record but the same was not done and the entries remained in favour of Khubi and on his demise in favour of his legal representatives. It is in that backdrop of the matter, the suit aforementioned was filed.