VIKRAM Vs. GIAN SINGH

JUDGEMENT

(1.) THE facts leading to the filing of the present revision petition are that one Rang Lal (since deceased) and respondent No. 1 Gian Singh claiming themselves to be the co-sharers along with others filed Civil Suit No. 538 dated 13.10.1998 for permanent injunction in the Court of Civil Judge (Junior Division), Faridabad against the petitioner and the proforma respondents in respect of agricultural land comprising in Khewat No. 212/209 Khatauni No. 242, Rectangle No. 23 Killa. No. 23/2(1-1) 23/3(5-7) Rectangle No. 34, Killa No. 3(8-0) total measuring 22 Kanals 8 Marlas situated within the revenue estate of village Fatehpur Bloch, Tehsil Ballabgarh, District Faridabad vide jamabandi for the year 1991-92. It was alleged in the aforesaid suit that the petitioner is stranger qua the suit property and has no right, title or interest therein whatsoever of any kind and the defendants are threatening the plaintiffs to dispossess them from the suit property illegally, unlawfully and forcibly and are bent upon to interfere in the peaceful possession of the plaintiffs in the suit property. It was also alleged in this suit that there was an oral and mutual exchange agreement and the defendants shifted their tube well and Killa No. 3 of the suit land in one corner from their partNo. 26 Killa No.7, Khewat No. 215/21 I and Khatauni No. 245 where it was installed in an old well which is still existing. After shifting the tube well connection, the defendants turned hostile and dishonest and refused to hand over ownership and possession of their land of village Jawan and also refused to remove the tube well from Killa No. 3 of the suit land. The plaintiffs requested the defendants to remove their tube well from Killa No. 3 of the suit land or to hand over possession of the land as was agreed to in exchange to his suit land but the defendants refused. Hence, the suit for permanent injunction restraining the defendants from interfering into the peaceful possession of the plaintiffs over the suit land with a decree of mandatory injunction directing the defendants to remove their tube well from Killa No. 3 of the suit land was filed.

(2.) PRIOR to filing of the civil suit No. 538 dated 13.10.1998, Karan Singh and Shiv Singh claiming themselves to be the co-sharers along with Sdkh Pal; Rang Lal and Ranjit sons of Raghbir Singh, Gian son of Sohan Lal, Narvir Singh son and Smt. Sunita and Laxmi daughters of Smt. Rajwanti widow of Hoshiar Singh filed a civil suit No. 705A dated 05.06.1998 for permanent injunction in the Court of Civil Judge, Faridabad, against the present petitioner and the proforma respondents quathe same very suit land measuring 22 kanals 8 marlas situated within the revenue estate of village Fatehpur Baloch, District Faridabad seeking the same relief as has been claimed in Civil Suit No. 538, dated 13.10.1998.

(3.) UPON notice the petitioner along with proforma respondents put in appearance and filed written statement in Civil Suit No. 538, dated 13.10.1998 and it was stated that the suit is not maintainable since another suit i.e, Civil Suit No. 705-A dated 05.06.1998 quathe same suit land claiming the same relief is already pending between the parties. Civil Suit No.705 A dated 05.06.1998 titled as Karan Singh and another v. Dhanmat Singh was ordered to be dismissed as withdrawn vide order dated 14.10.1998 passed by Civil Judge (Junior Division) Faridabad on the statement of plaintiff Karan Singh and his counsel. No liberty was granted to the plaintiff to file fresh suit on the same cause of action. Thus, the present suit was not maintainable. The petitioner moved an application under Order 2 Rule 2 CPC read with Section II CPC before the trial Court for dismissal of the suit as the present suit was filed by the plaintiffs by concealing the material facts and since the matter in dispute was the same and there was no liberty to file fresh suit, the present suit was liable to be dismissed.