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2017 Supreme(P&H) 1924

DAYA CHAUDHARY
Rajbala – Appellant
Versus
Ram Dei – Respondent


Advocates:
For the Petitioner:Mr. Sudhir Aggarwal, Advocate.

JUDGMENT

Mrs. Daya Chaudhary, J.: - The present revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 20.11.2015 (Annexure P-3) passed by Civil Judge (Junior Division), Mewat, vide which the application filed by the petitioner under Order 7 Rule 11 for rejection of the plaint has been dismissed.

2. Briefly, the facts of the case as made out in the present petition, are that respondents No. 1 to 7-plaintiffs filed a suit for declaration with consequential relief of permanent injunction claiming themselves to be the co-owner of the suit property alleging that Shiv Charan @ Bhajan Lal was owner in possession of the suit property, who shifted to village Nand Gaon and the land in dispute was given to predecessors of respondent Nos. 8 to 39 to irrigate the same. It was further alleged that the predecessors, in interest of respondents No. 8 to 39, filed a suit titled as Shiv Charan Vs. Shyam Lal, which was got compromised. Respondents No. 8 to 39 claimed themselves to be the owner in possession of the suit property by way of adverse possession and the suit filed by Shiv Charan was dismissed vide judgment and decree dated 2









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