- (1.) These two Civil Writ Petition Nos. 10323 of 1991 and 9855 of 1992 have been set down for hearing together in pursuance to the orders passed by the Motion Bench. The petitions can, therefore, be disposed of by one order. A few facts may be noticed.
(2.) On 3/07/1967, one Smt. Jito sold 184 kanals 13 marlas of land to Dhara Singh and Bant Singh. On Nov. 25, 1967, she filed a suit through Babu Singh as her next friend claiming that she being a minor, the sale dated 3/07/1967 was void and could not affect her rights. She prayed for the grant of decree for,possession of the land. The suit was contested by the defendants Dhara Singh etc. It was inter alia pleaded that they were in possession as tenants before the sale which could not in any event be disturbed. The suit was decreed by the learned trial Court. This judgment having been affirmed by the lower appellate Court, Dhara Singh filed Regular Second Appeal No. 750 of 1973 in this Court. G.C. Mital, J. decided the appeal with the following observations:- "Therefore, to conclude, even if Smt. Jito is considered to be minor, I am of the view that the sale dated 3-7-1967 would stand set aside only if she returns Rs. 20,000.00 to the vendees within the time to be specified by this Court failing which the sale shall stay. Accordingly, the appeal is allowed, the judgments and decrees of the two courts below are modified and Smt. Jito is directed to deposit Rs. 20,000.00 before the Executing Court on or before 30-4-1983 for payment to defendant-vendees failing which her suit would stand dismissed. In case, Rs. 20,000.00 are deposited with the Executing Court by the date fixed, Smt. Jito would be entitled to take actual physical possession of Rectangle No. 88, Killa No. 5 measuring 7 kanals, 12 marlas from the vendees and the remaining land in dispute will remain in possession of the vendees as tenants of Smt. Jito and for that land she would be entitled to a decree for symbolic possession. However, the parties are left to bear their own costs."
(3.) In accordance with the above, it appears that the amount of Rs.20,000.00 was deposited by Smt. Jito and she was given the actual physical possession of the land measuring 7 kanals 12 marlas. She got symbolic possession of the remaining land which continued to be in possession of the vendees as tenants.;