ABNASH CHANDER MEHRA Vs. RAM RATTAN AND ORS.

JUDGEMENT

(1.) BY means of this petition, the Petitioner (hereinafter referred to as the Defendant) has laid challenge to the order dated 31.3.2003 whereby the learned trial Court has dismissed the application filed by the Defendant under Order 1 Rule 10 Code of Civil Procedure for impleading certain persons as Defendants in the counter claim.

(2.) BRIEFLY stated the facts of the case are that Jeet Ram, predecessor in interest of the Respondents, filed a suit in the trial Court. In this suit it was alleged that earlier Defendant Abnash Chander Mehra had filed a civil suit No. 261/1 of 1983 for declaration that he was owner in possession of land comprised in khasra Nos. 979, 984, 883 and 885. This suit was decreed in favour of Abnash Chander Mehra in respect of khasra Nos. 883 and 885 but dismissed in respect of khasra Nos. 979 and 984 and Jeet Ram was held owner in possession of land comprised in these khasra numbers. The decree was upheld in appeal vide judgment dated 26.12.1987 passed by the learned District Judge, Solan.

(3.) ACCORDING to the Plaintiffs, the Defendant Abnash Chander Mehra in connivance with the revenue officials got a mutation of exchange No. 561 sanctioned on 31.1.1990 wherein it was shown that khasra Nos. 979 and 984 had been exchanged by the Plaintiff Jeet Ram with the Defendant in exchange of khasra Nos. 862/1, 882 and 881. According to the Plaintiff the land comprised in these khasra numbers belonged to him even prior to the exchange and therefore the question of his entering into any exchange did not arise. On this basis the prayer made was that the mutation be held to be illegal and inoperative and the Defendants be restrained from withdrawing the compensation deposited by the State Government in respect of land comprised in khasra Nos. 979 and 984.