A suit for declaration of title is not barred so long as the plaintiff's right to the property is subsisting.

V.K.Jhanji, J.

1. This shall dispose of Regular Second Appeals No. 2670 and 3203 of 1996. Facts are taken from R.S.A. No. 2670 of 1996.

2. The Regular second Appeals have been preferred by the defendants against the judgment and decree of theCourts below whereby plaintiffs have been declared to be owners in possession of the suit land and the adverse entry in the revenue record showing defendant No. 1 to be in cultivating possession of the land in dispute to be ineffective against the rights of the plaintiffs. A further decree for permanent injunction restraining the defendants from taking forcible possession or otherwise interfering in the enjoyment of the plaintiffs over the suit land has also been passed in favour of plaintiffs and against the defendants. This case has a chequered history and in order to bring the litigation to an end, it becomes necessary to give the facts of the case in detail.

3. One Mahi Pal Singh @ Hari Pal Singh was the owner of the land in dispute, besides other land in villages Udaipuri and Goela, District Gurgaon. He died on 25.1.1948. His widow, Jawala Devi inherited his property. Mutation was sanctioned in her favour in 1948. Since the husband of Jawala Devi had left behind much land and she being widow was not in a position to look after the land, allowed one Mukat Singh (uncle of Vinay Pal Singh, defendant No. 1) (Appellant No. 1 herein) to cultivate some portion of the land without any intention of making him as her tenant. On finding that Mukat Singh had started asserting himself to be a tenant, Jawala Devi filed suit against him for permanent injunction for preventing him from cultivating the suit land. In the alternative, she prayed for possession. On contest by Mukat Singh, suit was decreed by the trial Court and on appeal, Additional District Judge affirmed the judgment and decree of the trial Court. Regular Second No. 1566 of 1974 filed by Mukat Singh was dismissed by this Court on 8.11.1982. The judgment in the case of Mukat Singh is reported in 1983 P.LJ. 182.

4. At this stage, it deserves to be mentioned that during the pendency of the suit filed by Jawala Devi against Mukat Singh, i.e. on 14.3.1974 Jawala Devi, by means of three sale-deeds sold land measuring 167 kanals 12 marlas in favour of Vijay Kumar Singh and Jagdish Parkash (respondents 1 and 2 herein). Subsequently, the vendees, Vijay Kumar Singh and Jagdish Parkash, transferred some portion of the land in favour of Satish and Kuldeep (respondents 3 and 4) by way of civil court decree. Thus, by virtue of three sale-deeds dated 14.3.1974 and the civil court decree, all the four respondents became owners of land measuring 167 kanals 12 marlas. While die Regular Second Appeal filed by Mukat Singh was pending in this Court, these respondents got themselves impleaded as respondents in the said appeal. On dismissal of the Regular Second Appeal filed by Mukat Singh, respondents in execution of the decree took possession from Mukat Singh and a report in this regard was entered in the Rapat Roznamacha dated 8.10.1983. With the delivery of possession, second round of litigation started. Vinay Pal Singh, nephew of Mukat Singh, claimed himself to be owner in possession of the entire land which was left by Mahi Pal Singh after his death on the ground that Mahi Pal Singh daring his life time had expressed his desire for adopting him as his son and after his death, his widow, Jawala Devi adopted him as his son to her husband, Mahi Pal Singh. Vinay Pal Singh filed suit for declaration that he is owner in possession, being the adopted son of Mahi Pal Singh and Jawala Devi and the sale-deeds executed by Jawala Devi in favour of the respondents are null and void as Jawala Devi had no authority to sell the land. The decree suffered by Vijay Kumar Singh and Jagidsh Parkash in favour of Satish and Kuldeep were also challenged being null and void and fictitious. As a consequential relief, he sought that the respondents be restrained from int