- (1.) This regular second appeal of plaintiffs No. 2 and 3 is directed against the judgment and decree dated 01.04.2011 passed by learned Additional Civil Judge (Sr. Divn.), Meham whereby suit filed by appellants-plaintiffs for permanent injunction has been dismissed and against the judgment and decree dated 10.09.2013 passed by learned District Judge, Rohtak whereby appeal preferred by appellants has also been dismissed. For convenience sake, hereinafter, reference to parties is being made as per their status in the suit.
(2.) The detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. In brief, the facts relevant for disposal of this second appeal are to the effect that plaintiffs filed a suit for permanent injunction restraining defendants from interfering in their possession and also from dispossessing them from the suit land i.e. rect. No. 267, killa No. 24/2, rect. No. 455, killa No. 1/2, 2/1, 3/3, 4/2, 8/2 and 417/5/2, 6. It was pleaded that plaintiffs were the proprietors of Hadbast No. 120 measuring 1624 kanals 11 marlas comprised in khewat No. 3319/3150, khatoni No. 3861 to 3865, Meham and the same was 'Jumla Mustarka Malkan Hasab Rasad Araji Khewat Wasideh' and they were having shares in the shamilat land of village Meham. It was further pleaded that on 08.12.1993, the Patwari concerned got the mutation No. 317 sanctioned in favour of defendant No. 1, but in the appeal, the same was set aside and the Commissioner, Rohtak remanded the case to Assistant Collector-Ist Grade vide order dated 24.02.1999, who rejected the mutation, but again in appeal, the Collector, Rohtak remanded the case again and the Assistant Collector-Ist Grade, Meham has sanctioned the mutation in favour of defendant No. 1 on 05.05.2006. The appeal thereof has been dismissed.
(3.) It was further pleaded in plaint that revision against the said order was filed before the Commissioner, Rohtak and during pendency thereof, the order of Collector passed in appeal against order dated 05.05.2006 of Assistant Collector-Ist Grade directing the Assistant Collector-Ist Grade Meham to take action under the provisions of Punjab Village Common Lands (Regulations) Act, 1961 (in short, the 1961 Act) was stayed. As per the provisions of 1961 Act, the Assistant Collector- Ist Grade, Meham was supposed to proceed under Section 7 of the 1961 Act. The proprietors were liable to be ejected only in accordance with law but so far, the Assistant Collector-Ist Grade, Meham has not taken any action suo motu and no application under Section 7 of the 1961 Act has been filed against the proprietors of Meham by any competent person. Thus, the plaintiffs being co-sharers were in separate possession of the suit land. It was further pleaded that plaintiffs were still in possession of the suit land and they were entitled to protect their possession till they were ordered to be ejected in due course of law. As such, plaintiffs filed suit for permanent injunction.;