KARTAR KAUR Vs. STATE

JUDGEMENT

(1.) This appeal under Section 100 CPC is directed against the judgment and decree dated 27/9/2011 passed by the Addl. District Judge, Anoopgarh District Sriganganagar affirming the judgment and decree dated 24/9/2005 passed by the Civil Judge (Jr. Division), Anoopgarh, whereby, the suit filed by the respondent nos. 3 to 6 for declaration, permanent and mandatory injunction was decreed.

(2.) The plaintiffs - Kishan Lal, Kalawanti, Shakuntala Devi and Indra Devi, legal representatives of one Hariya, filed the suit inter alia with the averments that the plaintiff no.1 - Kishan Lal is registered Power of Attorney holder of other plaintiffs; land situated at Chak 10 K (10 KB), Murabba No.96/59, Killa No. 1 to 25 ad measuring 25 bigha was allotted as Pong Dam Oustees on 24/3/1973 and possession was handed over on 2/4/1973. Till the year 1990, the plaintiffs used to get the cultivation done under their supervision and in 1990 the land was given on share basis for cultivation to Resham Singh, husband of defendant no.2, Kartar Kaur. It was claimed that the land has not been transferred through agreement or Power of Attorney, however, in the year 1992 S.D.O., Raisinghnagar cancelled the allotment of the plaintiffs. It was claimed that sons of defendant no.2 prepared the so called agreement dated 8/5/1990 and 8/7/1991 fraudulently and applied for regularization under Rule 6-A of the Rajasthan Colonization (Allotment & Sale of Government Land to Pong Dam Oustees and their Transferees in the Indra Gandhi Canal Colony) Rules, 1972 ('the Rules, 1972') and based on the agreement, the S.D.O. cancelled the allotment. Against the order of S.D.O. a revision petition was filed before the Special Court, which on 11/8/1998 restored the allotment and ordered for eviction of Resham Singh and handing over the possession to the plaintiffs. The possession was received under the orders of the Special Court on 19/4/2001.

(3.) After the decision of Special Court, sons of defendant no.2 and nephew of defendant no.3, based on the agreement dated 8/5/1990 filed a suit for specific performance which was rejected by the court of Addl. District Judge, Anoopgarh.