RAI JASBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) - This appeal is a classic example of how a determined (chronic) litigant can frustrate rights of his opponent, by abuse of the legal process. The private respondents became owners of land measuring about 24 acres in the year 1972. They are out of possession, fighting litigation for the last about 37 years and yet not sure as to when they will get possession of their land.

(2.) THE appellants have filed this Letters Patent Appeal against the judgment dated 25.5.2005, passed by a learned Single Bench of this Court, dismissing Civil Writ Petition No. 3105 of 1996, filed by them. In that writ petition, the appellants had laid challenge to the orders passed by the Assistant Collector, Collector, Commissioner, Financial Commissioner of State of Haryana (Annexure P1 to P4), ordering/ confirming their ejectment from the land comprised in Khewat No. 280 Khatoni No. 344, Khasra No. 25// 24, 25, 31//6, 7, 8, 9, 11, 12, 13, 14, 31//14, 15, 16, 17, 19, 20, 30//4, 5, 6, 7, 14, 15, 16, 17, 24//2, 25, situated in village Gumthala Garhu, district Kurukshetra. Brief admitted facts

(3.) -5. The private respondents, on 11.9.1974, filed an application for partition of the land, by separating their share, before the Assistant Collector Ist Grade Guhla (Annexure PA). That application was filed against Smt. Kirpal Kaur daughter of Mann Singh and Niranjan Singh etc. She failed to appear and was proceeded ex-parte. After filing of this application, Smt. Kirpal Kaur sold 10 acres of land to appellant No. 1, who then moved an application on 27.5.1975 (Annexure PC) to become a party in the pending partition proceedings. His application was allowed vide order dated 30.5.1975 (Annexure PD) and the matter was adjourned to 16.6.1975 to file objection regarding proposed partition. On 16.6.1975, following order was passed by the Court of Assistant Collector Ist Grade Guhla :-