- (1.) Leave granted.
(2.) A simple issue with regard to possession of either of the parties to this over two decade long litigation has come to the last court at the instance of the defendant in a suit under Section 6 of the Specific Relief Act, 1963. Notwithstanding the clear intent of the legislature to provide a summary remedy to a person illegally dispossessed of immovable property, the defendanthasbeen persistent in its challenge to the decree passed against it. The learned trial court; thereafter the revisional court, i.e. court of the learned District Judge and lastly the Allahabad High Court have consistently held that possession of the disputed property on relevant date was with the plaintiff from which he was unlawfully dispossessed by the defendant, i.e. the petitioner herein. The unwavering view of the courts at all the three tiers of our hierarchical justice delivery system have notdeterredthe defendant to challenge the same by means of the present approach.
(3.) The facts in brief, may now be noticed : The respondent - plaintiff had filed suit No. 72 of 1989 in the court of Civil Judge, Agra, under Section 6 of the Specific Relief Act, 1963, (hereinafter referred to as 'the Act') praying for delivery of possession of the suit property from which the plaintiff claimed to have been illegally dispossessed by the defendant (petitioner herein) in the night intervening 19th/20th of November, 1988. According to the plaintiff, the land comprised in Khasra No. 877, measuring 2 bighas 3 biswas located in Village Basai Mustaqi Tajganj, Agra was jointly owned by Murari Lal on the one hand and Jagdish Prasad, Ramesh Chand, Suresh Chand and Haresh Chand (hereinafter referred to as 'Jagdish & others.') on the other. According to the plaintiff, by mutual consent, Murari Lal was in possession of his half share in northern part of the land whereas the half share of Jagdish & others was in the southern portion. The plaintiff has averred that it came into possession of the southern portion of the plot (hereinafter referred to as the Suit land) on 22.5.1985 and on 03.01.1986 Jagdish & others had sold the same to the plaintiff. On the basis of the aforesaid sale made by a registered deed, the revenue records were corrected and necessary entries were made showing the name of the plaintiff against the share of Jagdish & others. According to the plaintiff, Jagdish & others had entered into an agreement of sale of the same land with the defendant, though the land stood transferred in the name of the plaintiff andtherevenuerecordscorrected accordingly. In these circumstances, according to the plaintiff, suit No. 238 of 1983 was filed by the defendant against Jagdish & others for specific performance of the agreement to sell.Another Suit i.e. Suit No. 765 of 1984 was also filed by the defendant against Jagdish & others for an order of injunction restraining Jagdish & others from raising any construction on the suit land and from transferring/ alienating the same. Accordingto the plaintiff, as the property involved in both the suits had already been transferred to the plaintiff, the plaintiff was impleaded as a party in both the above suits.It was also averred by the plaintiff that as injunction prayed for by the defendant, as the plaintiff, in Suit No. 765 of 1984 was refused and the appeal against such refusal was dismissed, in the intervening night of 19th/20th November, 1988, forcible possession of the suit land was taken by the defendant which fact was brought to the notice of concerned police station on 20.11.1988 itself.According to the plaintiff, a proceeding under Section 145 C. P.C. was also initiated at the instance of the plaintiff wherein an order of attachment of the disputed land, i.e. the suit land, was passed on 29.11.1988. However, as the defendant continued to remain in possession of the suit land despite the order of attachment, Suit No.72/1989 was instituted by the plaintiff seeking the reliefs already noticed.;