SHIV CHARAN Vs. MISRO DEVI

JUDGEMENT

(1.) THE present revision petition has been filed against the order dated 6-1-2009 passed by the Civil Judge (Junior Division) Rewari whereby the application Under Section 10 of the Code of Civil Procedure filed by the petitioners for staying the subsequent suit filed by the present plaintiff / respondent, has been dismissed.

(2.) AS per the averments made in this revision petition, petitioners filed a suit for declaration and permanent injunction in the Court of Civil Judge (Senior Division) Rewari claiming themselves to be the sole owners in possession of the land measuring 5 Kanals 11 Marlas comprising in Rectangle No. 10 Killa No. 1/2 shown in blue colour in the plan attached with the plaint and further alleging that Mutation No. 251 regarding the aforesaid land in favour of the Deen Dyal etc. (defendants in that suit) was illegal and the plaintiffs are entitled to get their names entered and sanctioned in the revenue record and as such, a decree may be passed in favour of the plaintiffs and against the defendants with costs. It was also prayed that decree for permanent injunction may also be passed restraining the defendants from dispossessing the plaintiffs forcibly who are in peaceful possession of the aforesaid land. It is further the case of the petitioners that after the filing of the suit by them which is pending, the respondent Misro Devi has filed a civil suit against the petitioners for permanent injunction claiming themselves to be owner in possession of land measuring 2 Kanals 16 Marlas i.e., 1/2 share of 5 Kanals 12 Marlas of agricultural land comprising Khewat No. 18, Khatauni No. 26, Rectanlge No. 10, Killa No. 1/2 (5-12) on the basis of registered sale deed No. 4422 dated 15-10-2008 executed by Deen Dyal etc. (defendants of first suit) and mutation No. 494 which has been sanctioned in favour of the respondents on the basis of this sale deed.

(3.) I have heard learned counsel for the petitioners and have perused the record. A perusal of the plaint filed in Civil Suit No. 504 of 2008 (Annexure P-1) by the petitioners would show that the petitioners are claiming as co-sharers / joint owners in possession of agricultural land as described in the head note in Para No. 1 of the plaint and have sought suit for declaration and permanent injunction against the defendants alleging therein that by virtue of a compromise effected in Civil Suit No. 284/1990 titled as Shiv Charan and others v. Bishambar Dayal etc. the plaintiffs have become owners in possession of an area of 5 Kanals 11 Marlas of Rectangle No. 10 Killa No. 1/2. It has been further stated in this plaint that the defendants be restrained from dispossessing the plaintiffs forcibly who are in peaceful possession of the suit land as stated aforesaid. In the plaint filed in the subsequent suit i.e. civil suit No. 1188 of 2008 by the respondent against the petitioners, it has been alleged that she purchased 2 Kanals 16 Marlas i.e., 1/2 share of 5 Kanals 12 Marlas of agricultural land comprising Khewat No. 18, Khatauni No. 26, Rectanlge No. 10, Killa No. 1/2 (5-12) situated in the revenue estate of village Kamalpur, Tehsil and District Rewari on the basis of registered sale deed No. 4422 dated 15-10-2008 and the Mutation No. 494 was sanctioned in her favour and the defendants/petitioners who are threatening to dispossess her be restrained to dispossess the respondent from the suit land. She is also claiming herself to be bona fide purchaser for valuable consideration and without notice.