RAM KUMAR Vs. OM PRAKASH

JUDGEMENT

(1.) THIS revision petition under Section 115 of the Code of Civil Procedure is directed against the order dated 19.7.2014 passed by learned Additional District Judge, Nahan, in application under Order 23 Rule 1 CPC filed by the petitioner whereby the same was dismissed.

(2.) BRIEFLY stated, the facts are that the petitioner/plaintiff filed a suit for declaration to the effect that he is owner in possession of land comprised in Khata Khatauni No. 135 min/192 min, Khasra No. 1381 and 1384, Kita 2 total measuring 190.67 sq. mtrs. and the order dated 22.11.2002 passed by the Settlement Officer, Shimla in case No. 77 of 2002 was illegal, without jurisdiction and not binding on the right, title and interest of the petitioner and that the sale deed No. 1064 registered in the office of Sub Registrar, Paonta Sahib on 7.7.2006 was illegal, without jurisdiction and therefore, not binding upon the petitioner/plaintiff because the plaintiff had purchased the suit land vide sale deed No. 122 executed between the plaintiff and defendants No. 1 and 2 on 31.12.1959.

(3.) THE defendant No. 3 contested the claim of the petitioner by filing a separate written statement wherein it was claimed that he was bonafide purchaser for a consideration of Rs. 3,50,000/ - which he has paid after due enquiry and had found the title of the defendants No. 1 and 2 to be clear and, therefore, this suit was not maintainable. It was alleged that the plaintiff has no concern with the suit land so purchased by him. It was further claimed that the Settlement Officer had decided the matter in accordance with the factual position and law and the plaintiff was aware of the same and still did not choose to question the same before the appellate forum and the Civil Court had no jurisdiction to sit over the order so passed by the learned Settlement Officer.