- (1.) This appeal challenges the judgment dated 22.08.2006 rendered by the High Court for States of Punjab and Haryana at Chandigarh in RSA No. 1131 of 1987.
(2.) The proceedings were initiated by the appellants herein in the form of Civil Suit No. 162 of 1983 which was filed in the Court of Senior Sub Judge, Karnal, praying for a declaration that they were entitled to continue in possession as prospective vendees of the suit land and further praying for permanent injunction against respondent Nos. 1 and 2 by restraining them from dispossessing the appellants or interfering with their possession. The suit was dismissed by the trial court. In the first appeal that was filed by the appellants against the judgment and decree of the trial court, the appellants succeeded as the Additional District Judge vide his judgment and decree dated 12.11.1986 reversed the decree passed by the trial court and decreed the suit in favour of the appellants. Against that judgment, respondent No. 1 had filed the aforesaid RSA No. 1131 of 1987 which has been allowed by the High Court vide the impugned judgment dated 22.08.2006 thereby setting aside the order passed by the trial court.
(3.) The facts which are necessary for deciding the present appeal can be recapitulated at this stage. One Birkha Singh was the owner of agricultural land to the extent of 1/2 share of 361 kanals and 10 marlas. The particulars whereof are as under: - "Land comprising in Khewat No. 365, Khatoni No. 728, Rect.No. 65, Khasra Nos. 16/2(1 -13), 24(2 -10), 25(8 -0) Rectangle No. 66, Khasra No. 21/2(5 -16), 22/1(1 -8), Rectangle No.102 Khasra Nos. 1(7 -11), 2(7 -10), 3/1(4 -9), 4/1(0 -11), 6(3 -7), 7(7 -9), 8(7 -12), 9(8 -0), 10(8 -0), 11(8 -0), 12(8 -0), 13(7 -10), 14(8 -0), 15(8 -0), 16(8 -0), 17(8 -0), 18(7 -12), 19(8 -0)m 20(8 -0), 21(8 -0), 22(8 -0), 23(7 -12), 24(8 -0), 25(8 -0), Rectangle No. 103, Khasra Nos. 4(4 -12), 5(8 -0), 6(8 -0), 7(6 -4), 14(6 -12), 15(8 -0), 16(8 -0), 17(5 -16), 23/2(1 -3), 24(7 -11), 25(8 -0), Rectangle No. 107, Khasra Nos. 3/2(1 -4), 4/2(5 -0), 5(7 -16), 6/1(1 -18), Rectangle No. 108, Khasra Nos. 1(7 -11), 2(7 -11), Rectangle No. 108, Khasra Nos. (8 -0), 10(7 -10), 11/2(2 -8), 12(8 -0), 19/2(2 -16), 20(7 -4), 3(7 -4), 4(8 -0), 5(8 -0), 8(7 -12), (56 Kittas), situated in village Gondar, Tehsil and District Karnal." (hereinafter referred to as 'suit land') ;