Raj Mohan Singh, J. - (1.) Vide this common judgment RSA No. 3948 of 2006 titled as Babu Ram and others Vs. Vijay Singh and others and RSA No. 4084 of 2006 titled as Sapptar and others Vs. Vijay Singh and others are being disposed of. Facts are being taken from RSA No. 3948 of 2006.
(2.) Some of the defendants have filed the present appeals against the judgment and decree dated 09.08.2006 vide which appeal filed by the plaintiff -appellant has been accepted by setting aside the judgment and decree dated 28.02.2004 passed by Civil Judge (Junior Division), Jagadhri.
(3.) Plaintiff -respondents filed a suit for declaration to the effect that original plaintiff is owner in possession of land in question as per jamabandi for the year 1988 -89 and mutation No. 111 sanctioned on 09.12.1992 in favour of defendants is wrong, illegal and null and void and is not binding upon the rights of the original plaintiff (predecessor of the LRs of plaintiff). Consequent permanent injunction has been sought to restrain the defendant from alienating the suit land in any manner. Plaintiff alleged that Balwant Singh son of Daulta was owner of land in question. He died in the year 1977, leaving behind plaintiff as his sole legal heir. Balwant Singh had one sister namely Smt. Soran Devi. Plaintiff is son of that Soran Devi. Soran Devi was married to Raja Ram. In this way, plaintiff is the Bhanja of Balwant Singh and is directly related to him. Balwant Singh was bachelor and had no Class I heir. Plaintiff being sister's son of Balwant Singh comes in the category of Class -II heir under Hindu Succession Act. Plaintiff -appellant used to cultivate the share of Balwant Singh in the joint land and possession of the plaintiff was depicted as "Bila Lagan Bawja Rishtedari". After the death of Balwant Singh, defendants Gian Singh, Punjab Singh, Mohinder Singh, Dhani Ram and Dalipa started asserting their possession on the land which was in possession of the plaintiff and that fact led to civil litigation and also proceedings for correction of khasra girdawari. The litigation remained pending in the Court and ultimately a compromise was effected in the village wherein plaintiff gave his share to Gian Singh defendant for cultivation and since then he is in cultivating possession of the same on behalf of plaintiff. Plaintiff further alleged that plaintiff and defendants are co -sharers in the land as Gian Singh was in possession of share of plaintiff in a joint land. He had been making the payment of land revenue to the Government on behalf of Balwant Singh. The dispute started between the parties in the year 1992 and some of the defendants got entered mutation No. 111 in their favour in collusion with Halqa Patwari on 08.12.1992. Mutation was sanctioned by the Assistant Collector Second Grade, Radaur on 09.12.1992 without notice to the plaintiff. As the plaintiff is resident of village Jhanjholi which is at a far place from village Pehladpur where the land is situated, was not informed by the revenue authorities while sanctioning mutation No. 111. Plaintiff is actual owner of the estate left by Balwant Singh. He was not issued any notice at the time of sanctioning of the mutation. Plaintiff convened a Panchayat in the village but the defendants threatened to alienate the suit land. With this background, suit came to be filed.;