VIJAY SINGH Vs. SHIV SAHAI (SINCE DECEASED)

JUDGEMENT

(1.) Appellants, who were arrayed as defendants no.1 to 4 before the learned trial Court, are aggrieved of judgement and decree dtd. 20/10/2015, passed by learned Additional Civil Judge (Sr. Division), Faridabad, as well as judgement and decree dtd. 27/8/2018, passed by the learned Additional District Judge, Faridabad.

(2.) Brief facts necessary for the adjudication of the case are that plaintiffs arrayed as respondents no.1 to 9 in the present appeal filed a suit for declaration to the effect that they are owners in possession of the suit property as per share of their vendors as detailed in the plaint and that the defendants have no right, title of interest in the same. Further declaration to the effect that judgement and decree dtd. 12/9/2001, was illegal, null, void and not binding on their rights, was sought. Permanent injunction restraining the defendants from taking illegal, forcible possession of the suit property was sought, as well. It is pleaded that the agricultural land in question was earlier partitioned between co-sharers as per order dtd. 27/12/1982 passed by the learned Assistant Collector-Ist Grade, Ballabgarh, in the suit titled 'Smt. Biro v. Lakhi and others'. Mutation in this respect was sanctioned and possession of the respective land partitioned amongst the co-sharers, was taken. Prior to the partition, plaintiff no.8-Dharam Pal and plaintiff no.9- Smt. Om Wati widow of Harbans and one Raghuraj purchased land measuring 36 Kanals 19 Marlas from Bhikam Singh and Smt. Kishni, vide registered sale deed dtd. 31/5/1979. Mutation in this respect was sanctioned. However, out of the purchased land, 18 Kanals 9 Marlas fell for pre-emption and therefore the abovesaid three purchasers remained owners in possession of 18 Kanals 9 Marlas, only. Plaintiffs no.3 to 5, purchased land measuring 13 Kanals 10 Marlas from defendants no.1 and 5 vide registered sale deed no.7915 dtd. 23/8/1984. Specific killa numbers were purchased and possession thereof was delivered to them. Plaintiffs no.3 and 4 purchased land measuring 19 Kanals from defendants no.7 and 9 vide registered sale deed dtd. 23/12/1988. They also received possession of the specific killa numbers from their vendors as partition stood effected. In the meantime, order of partition dtd. 27/12/1982, was challenged by Kishan Pyari. The said order was set aside and declared null and void vide judgement and decree dtd. 18/7/1998. The purchasers, having purchased the land in question, became co-sharers in the suit property not having a right to any specific killa numbers. Mutation subsequent to the sale of the specific killa numbers was also set aside and fresh mutations sanctioned. It is pleaded that defendants no.5 to 9 and Bhikham Singh, however, suffered a collusive decree qua land measuring 189 Kanals 10 Marlas in civil suit no. 65 of 23/2/2001 and mutation no. 4077 of 28/12/2001 was also sanctioned. Plaintiffs were never impleaded as party to the suit and the defendants have relied upon an incorrect Jamabandi which did not reflect the purchase of land by the co-sharers.

(3.) Suit was resisted by defendants no.1 to 4 i.e. the present appellants while stating that the names of the plaintiffs were introduced in the jamabandi as a result of nexus between the plaintiffs and the revenue officials. Possession of the plaintiffs over the suit property was denied. Judgement dtd. 12/9/2001, before the Permanent Lok Adalat was claimed to be final and binding.