- (1.) The present petition has been directed against order dated 27.4.2012 passed by the Additional Civil Judge (Senior Division), Pehowa, dismissing the objections filed on behalf of Smt. Daljit Kaur widow and Jagtar Singh, successors in interest of Sukhdev Singh, Davinder Singh son of Ujaggar Singh and Balwant Kaur widow of Karnail Singh, judgment debtors (in short "JDs").
(2.) Puran and others filed civil suit No. 35 of 1985 titled "Puran and others v. Sukhdev and others" decreed by the trial court on 19.11.1985. The defendants filed an appeal that came to be dismissed by the District Judge Kurukshetra vide judgment dated 13.6.1986. The regular second appeal No. 2149 of 1986 was dismissed by the High Court of Punjab and Haryana vide judgment dated 5.2.2008. The Special Leave Petition to Appeal was dismissed by Hon'ble the Supreme Court of India on 18.8.2011.
(3.) The JDs preferred an objection petition primarily on two counts namely the decree dated 9.2.1965, basis of the suit for possession filed by Puran and others is the result of fraud and misrepresentation, therefore, the said decree is null and void. The judgment and decree dated 9.2.1965 is nullity as jurisdiction of the civil court is barred in view of the provisions of the Punjab Village Common Lands (Regulation) Act, 1961(as applicable to the State of Haryana) (in short "the Act") as the land is shamlat deh.;