LAWS(P&H)-2007-8-221

RANJIT SINGH Vs. STATE OF HARYANA AND OTHERS

Decided On August 08, 2007
RANJIT SINGH Appellant
V/S
State Of Haryana And Others Respondents

JUDGEMENT

(1.) This order shall dispose of Civil Revision Nos. 2911, 2912, 2913, 2914, 2915, 2960, 2961, 2962, 2963, 2964, 2965, 2966, 2967, 3001, 3002, 3003, 3004 and 3005 of 2006, as all the revisions arise out of similar facts and are directed against identical orders. But for the sake of convenience, the facts are taken from Civil Revision No.2911 of 2006.

(2.) The petitioner-herein, filed a Civil Suit for declaration with injunction as consequential relief, alleging himself to be owner of the suit property as proprietor in the year 1972. It is the case of the petitioner that about 1599 kanals 16 marlas of land was owned by the proprietors of the village which was described in the revenue record as Shamilat Deh Hasab Hissa Muderja Shajra Nasab Malkan. The proprietors deducted proportionate area from the above said land. It is the case of the petitioner that this land was neither used for common purposes nor was owned by the Gram Panchayat. On the basis of said claim, a decree was passed by the learned Civil Court on 17.11.1972. The decree is based upon admission of the claim of the plaintiff in the written statement filed on behalf of the Sarpanch of the village. The order reads as under:-

(3.) Thereafter, the Panchayat filed a Civil Suit challenging the said decree, which was dismissed on the statement of the Sarpanch of the Panchayat, on 6.9.1978. Still further, another suit was filed in the year 1988 challenging the aforesaid decree, which suit was dismissed in terms of Order 9 Rule 8 of the Code of Civil Procedure on 21.10.1994.