IQBAL KHATRI Vs. JADAV DEVI AND ORS.

JUDGEMENT

(1.) APPELLANT , one of the plaintiffs, has laid this second appeal to challenge the judgment and decree dated 7th of April, 2014 passed by Additional District & Sessions Judge, Churu (for short, 'learned lower appellate Court'), whereby learned lower appellate Court has dismissed appeal of the appellant and affirmed the judgment and decree dated 17th of September, 2007 passed by Civil Judge (Junior Division) Churu (for short, 'learned trial Court') in a suit jointly filed by appellant and proforma respondents No. 4 and 5.

(2.) SUCCINCTLY stated, facts of the case are that respondents No. 4 & 5 jointly filed a suit for declaration against Late Smt. Jadav Devi wherein State of Rajasthan through Collector, Churu and Municipal Board, Churu were also impleaded as defendants. In the suit, it is, inter alia, averred that an agricultural land measuring 10 1/2 bighas of khasra No. 1267/219 was set apart by District Collector, Churu for industrial purposes under Section 92 of the Rajasthan Land Revenue Act, 1956 (for short, 'Act of 1956') by its order dated 27th of May, 1965. After passing of set apart order, the land was allotted to Industries Department, which in turn allotted it to proforma respondent No. 5 for construction of the quarters for mill's employees and possession was handed over. In the suit, it was specifically pleaded that Late Smt. Jadav Devi initiated execution proceedings pertaining to a part of said land measuring 8000 sq.ft. in respect of which a decree was passed in her favour and Sale Amin in execution of the said decree handed over possession of that land to her on 5th of May, 1987. It is also averred in the plaint that before handing over possession to Late Smt. Jadav Devi, no time was allowed to the plaintiffs to raise their objections. While referring to the checkered history of the suit, it is also pleaded that at the threshold the Court dismissed the suit but in appeal same was decreed. In order to seek cancellation of the decree, appellant and his co -plaintiffs have averred that in the suit filed by Late Smt. Jadav Devi only State of Rajasthan through Collector, Churu was impleaded as party -defendant and that they had no knowledge about passing of decree till the Sale Amin came at site for taking possession of the land measuring 8000 sq.ft. Assailing the decree passed in favour of Smt. Jadav Devi and seeking its cancellation, the appellant and other co -plaintiffs pleaded that the decree is nullity in want of non -joinder of necessary parties. While taking objection to the allotment of said land to Late Smt. Jadav Devi by Municipal Board, Churu, the plaintiffs categorically averred that when it was an agricultural land, set apart for industrial purposes, the Municipal Board had no authority to allot the same. A specific case is set out that the Municipal Board, Churu was not having any ownership or possession of the said land as such Patta issued by it in favour of Late Smt. Jadav Devi did not confer any title on her. In totality, appellant as well as other plaintiffs asserted with emphasis that the decree, passed in favour of Late Smt. Jadav Devi pertaining to the said land, is ineffective and inoperative qua them. In the alternative, even the Patta issued in the name of Late Smt. Jadav Devi was also assailed for the reason it was bereft of material particulars about neighbourhood and dimensions. A plea was also sought to be raised in the plaint that the entire proceeding were nothing but sham inasmuch as at the relevant point of time when patta was issued in the name of Late Smt. Jadav Devi, her husband was Chairman of the Municipal Board. The appellant also joined as plaintiff in the suit, which was earlier jointly filed by respondent No. 4 and 5 by laying application during pendency of the suit. In the application, the appellant pleaded that he is a transferee pendente lite inasmuch as he purchased the suit property in question on 21st of June 2000, therefore, he may be impleaded as plaintiff. In totality, the appellant and other co -plaintiffs craved that the decree passed in favour of Late Smt. Jadav Devi be declared as null & void, cancelled and set aside.

(3.) LEARNED trial Court on the basis of pleadings of rival parties framed nine issues for determination. The parties led their evidence and on conclusion of trial, the learned trial Court decided Issues No. 1 to 6 against appellant and other co -plaintiffs and only Issues No. 7 & 8 were decided in their favour. However, on the basis of findings on Issues No. 1 to 6, the learned trial Court dismissed the suit.