Raj Mohan Singh, J. - (1.) (Oral) - Plaintiffs are in regular second appeal against the concurrent findings recorded in judgments and decrees passed by the Courts below.
(2.) Plaintiffs filed suit for permanent injunction and declaration restraining the defendants from interfering in possession of the plaintiffs from the suit land comprised in khasra number 19/15 min, 16, 17, 24, 25, 20//4, 5, 11 min, measuring 43 kanals 5 marlas situated in village Ratauli, District Yamunanagar and also sought declaration that plaintiffs are owner in possession. The suit land which was to be auctioned on 27.10.1998 on the averment that the plaintiffs being in possession has not paid any batai or chakota to State Government and therefore, they applied for transfer of land as per a press note of the Government and as per Government order a rent of Rs.15,370/- was deposited in the year 1994. Thereafter, plaintiffs approached the defendants for transfer of the land and they have intimated that notice will be issued for deposit of Rs. 1/8th of the total price. Plaintiffs further alleged that out of the disputed land khasra number 20//5 was sold to one Anil Kumar vide sale deed dated 4.6.1998 and therefore, suit came to be filed.
(3.) Defendants contested the suit on all counts besides taking other pleas. It has been submitted that suit land being acquired evacuee property, Civil Court has got no jurisdiction and the same is also barred by res judicata in view of the order dated 25.1.1994 passed by Tehsildar Sales-cum-Managing officer. Defendants claimed that the land was leased out to father of the plaintiffs Jati Ram in the year 1966. In the year 1982, said Jati Ram applied for transfer of land in khasra number 20//5, 6 and 7 mesuring 24 kanals and the land was transferred to Jati Ram by the Tehsildar, Sales on 25.1.1994 and sale certificate was also issued on 4.6.1995. Amount of Rs.15,370 was deposited for unauthorized use of occupation in question. Remaining land was not transferred to Jati Ram because he did not fulfil terms and conditions of the instructions of the Government. Khasra No.20//5 which was earlier transferred to the plaintiffs on 25.1.1994 was programmed by mistake to be auctioned on 27.10.1998 but the said khasra number was not auctioned and therefore suit land except khasra no.20//5 was already available for disposal and defendants have every right to dispose of the land by way of auction.;