SHIS RAM AND ANR. Vs. KARTA

JUDGEMENT

(1.) THIS revision -petition is directed against the order dated 26.07.2005, rendered by the Court of Civil Judge (Junior Division), Kurukshetra, vide which it allowed the application under Order 39 Rules 1 and 2 read with Section 151 CPC and the order dated 22.11.2005, rendered by the Court of Additional District Judge, Kurukshetra vide which it dismissed the appeal.

(2.) THE plaintiff claimed himself to be the owner in joint possession to the extent of 1/6 share, in the land, as fully detailed in the head note of the plaint. It was stated that the plaintiff was residing at Village Matloda, District Hisar. He used to come to village Narkatari to see the agricultural land. Defendant Nos. 1 and 2, in collusion with defendant No. 3 and Halqa Patwari, got declared the plaintiff civilly dead. It was further stated that, on the basis of false report, mutation was sanctioned, in favour of respondents No. 1 and 2. It was further stated that the plaintiff was very much alive and the said mutation could not be sanctioned showing him to be civilly dead. It was further stated that the revenue authorities had violated the provisions of law and illegally declared him civilly dead. It was further stated that the defendants taking advantage of the illegal mutation, were bent upon to alienate the suit property. They were many a time, asked not to do so, but to no avail. On their final refusal, left with no alternative, a suit for declaration and consequential relief of permanent injunction was filed.

(3.) DEFENDANT Nos. 1 and 2/revision petitioners put in appearance, and filed written statement and also reply to the application. It was pleaded that the suit had been filed by an imposter and, therefore, the same was not maintainable. It was stated that the mutation had been rightly sanctioned by the revenue authorities, on the application of defendant Nos. 1 and 2/revision petitioners. It was further stated that defendant Nos. 1 and 2/revision -petitioners were the owners in possession in equal shares of the agricultural land. It was further stated that they moved an application before the revenue authorities, to declare the plaintiff civilly dead, and after adopting the due procedure, they rightly sanctioned the mutation. It was further stated that a news item was also published, in the newspaper, to this effect. It was further stated that if any person, from the public had any objection, he could certainly appear at the time of sanctioning of mutation. It was further stated that the suit as also the application, filed by an imposter be dismissed.