SITA DEVI Vs. LEKH RAM

JUDGEMENT

(1.) The instant appeal stands directed against the impugned judgement and decree of the learned Additional District Judge, Una, H.P., whereby he affirmed the rendition of the learned Sub Judge 1st Class, Court No.I, Amb, District Una. The defendants standing aggrieved by the concurrently recorded renditions of both the learned Courts below concert, through the instant appeal constituted before this Court, to reverse the judgements and decrees of both the Courts below.

(2.) The facts necessary for rendering a decision on the instant appeal are that the plaintiffs filed a suit in representative capacity seeking a declaration to the effect that the judgement and decree of 9.12.1959 had been obtained by the defendants by playing a fraud on the Court and the residents of village Tiai, Tehsil Amb, District Una, having been obtained collusively and in connivance with Sant Ram the Ex-Sarpanch of the village and as such was a nullity in the eyes of law. The premises on which the suit was laid was Shamlat deh and the same stood vested in the Gram Panchayat Tiai by operation of law under the provisions of Section 3 of the Punjab Act No.1 of 1954 and mutation No. 113 had come to be sanctioned in this behalf on 18.6.1955 and since then the Shamlat was being managed by the Panchayat. The defendants had instituted a suit being Civil Suit No. 293/1959 against the Gram Panchayat Tiai seeking a declaration that land measuring 2860 Kanals and 17-1/2 marlas was owned and possessed by them. On 12.8.1959 the Gram Panchayat vide its resolution had resolved to contest the case and authorized Sant Ram to defend the case on behalf of the Panchayat. On 9.12.1959 Sant Ram Pardhan had made a statement in Court that the suit of the plaintiffs be decreed. In 1968 the defendants got the mutation in their name in pursuance to the judgement vide mutation No. 136 of 1968 and thereafter a civil suit No. 484 of 1969 titled as Gram Panchayat vs. Khoshala was filed challenging the aforesaid mutation. In the year 1972 Sarpanch Sant Ram again won the election and became the Sarpanch and again got a resolution passed on 9.3.1973 seeking to withdraw the Civil Suit No. 484 of 1969. The said suit was also dismissed as withdrawn on 23.3.1973. The present plaintiffs again in representative capacity filed suit alleging themselves to be beneficiary in the suit being Shamlat challenging the withdrawal of the suit. The matter went upto the Hon'ble High Court and in Regular Second Appeal No. 161 of 1987 Hon'ble High Court observed that as long as judgement and decree of 9.12.1959 is not challenged the plaintiffs could not succeed in getting any relief in the said suit out of which aforesaid RSA arose. The plaintiffs therein again filed review petition wherein the Hon'ble High Court had given liberty to avail the remedy of challenging the judgement and decree Ext.D-2 and Ext.D-3. The plaintiffs herein, therefore, challenging the judgement and decree of 9.12.1959 have filed the present suit.

(3.) The defendants No.1 to 18 preferred a common written statement. They interalia raised the preliminary objections of locus standi, limitation, cause of action, maintainability, the suit being barred under the provisions of Order 2, Rule 2 CPC and the plaintiffs being estopped from bringing the suit in view of the earlier suit having been filed by them.