PAWAN KUMAR Vs. DHARAMPAL

JUDGEMENT

(1.) Plaintiffs - Dharampal and Mahender Singh, both sons of Data Ram son of Baksha Ram, residents of village Mundayan, Tehsil and District Mohindergarh, had brought a suit against defendants - Pawan Kumar son of Jai Lal son of Raje Ram, his father Jai Lal as well as father's sister Savitri, one Dalip son of Data Ram son of Baksha Ram, all residents of the same village, seeking a declaration that plaintiffs are owners in possession of 50/3090 share in total land measuring 154 kanal 1 marla, comprised in Khewat No. 1 Khatoni No.1, situated at village Mundayan, Tehsil and District Mohindergarh and that judgment and decree dated 12.6.1993, passed in civil suit No. 436 dated 3.6.1993, titled as Pawan Kumar etc. vs. Dharampal etc. and mutation No. 492 dated 18.7.1994, sanctioned on basis thereof, are illegal, null and void and by way of consequential relief, the plaintiffs craved for grant of permanent injunction, restraining the defendants from encroaching upon any part of the suit land or alienating it in any manner.

(2.) As per version of the plaintiffs, they are owners in possession of the suit land on the basis of mutation No. 457 dated 28.10.1992, which is incorporated in the jamabandi for the year 1998-1999; the defendants in connivance with each other, while playing fraud and by way of impersonation got suffered impugned judgment and decree and thereafter got sanctioned impugned mutation on the basis thereof. As a matter of fact, plaintiffs had neither appeared in the Court, nor suffered the impugned judgment and decree.

(3.) On getting notice of the suit, only defendants No.1 and 2 appeared and filed a joint written statement, whereas defendants No. 3 and 4 did not appear, despite service and were proceeded against ex parte.