- (1.) This order will dispose of two Regular Second Appeal Nos.1305 of 2014 (Rahul @ Nimit & another Versus Vidya Devi & another) and 1433 of 2014 (Rahul @ Nimit & another Versus Partap Singh & others) as same questions of law and facts are involved in these appeals. Facts in RSA No.1305 of 2014
(2.) This is a Regular Second Appeal at the instance of defendant Nos.1 and 2 against the judgment and decree dated 22.10.2013 of the Lower Appellate Court, whereby the Lower Appellate Court had set-aside the judgment and decree dated 28.7.2010 passed by the Additional Civil Judge (Senior Division), Narnaul, whereby suit bearing No.433 of 2002 filed by the respondent-plaintiff for a decree of declaration and permanent injunction was dismissed. In essence, it is a judgment of reversal.
(3.) The respondent-plaintiff filed a suit for declaration to the effect that she is owner in possession of 2/13 share measuring 1 bigha 6 biswa comprising of khewat No.1193, khatoni No.1675, khasra No.1095/2, situated in the revenue estate of Narnaul Town as per jamabandi for the year 1989-90 having acquired the ownership by way of registered sale deed bearing No.2440 dated 2.1.1992, whereupon respondent-plaintiff had raised a pucca four walls upto the extent of height of about 4 feet and grown 50 valuable trees, much less, even the mutation of ownership bearing No.4838 had been sanctioned in her favour and also sought declaration of the judgment and decree dated 9.12.2000 passed in Civil Suit No.825 of 1994, titled as "Rahul Versus Om Parkash" being against law, facts, null & void and challenged the mutation No.5365, which had been wrongly sanctioned on the basis of the afore-mentioned decree.;