CIVIL WRIT PETITON NO.6998 OF 2008 :{ 1 }:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

DATE OF DECISION: MARCH 31, 2009

Resham Singh

.....Petitioner

VERSUS

The Financial

Commissioner

& Secretary to Govt., Haryana,

Chandigarh and others

....Respondents

CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH

1. Whether Reporters of local papers may be allowed to see the judgement?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest?

PRESENT:

Mr. B.S. Bedi, Advocate,

for the petitioner.

Mr. Yashwinder Singh, AAG, Haryana,

for the State.

Mr. Ashish Aggarwal, Advocate,

for respondent Nos.3 to 5.

****

RANJIT SINGH, J.

The dispute between the parties relates to the mutation

done in favour of the respondents. The petitioner has purchased 40

kanals 9 marlas of land through four different sale deeds in the year

1996 from different owners. The sale deed was to the extent of 1/4^th

share in each sale transaction. One mutation No.5556 was

sanctioned by Assistant Collector IInd Grade on 17.9.1997. Mutation

CIVIL WRIT PETITON NO.6998 OF 2008 :{ 2 }:

regarding remaining three sale deeds was sanctioned on 17.3.1998.

Respondent Nos.3 to 5 filed three different appeals on 2.7.1999,

against the three mutations done on 17.3.1998. This appeal was filed

after a lapse of 1 year and 3 months. Respondent Nos.3 to 5 claimed

that they had purchased share in the land to the extent of 3/4^th vide

three separate sale deeds dated 8.7.1994 through the attorney of the

owner. Collector dismissed the appeal.

In the meanwhile, one Smt.Jinda filed a civil suit for

possession of the whole land, claiming herself to be the sole owner

being sister of Anokh Singh, who was the owner of the land.

Smt.Piar Kaur, Amar Kaur and Kartar Kaur also filed separate suits

against Smt.Jinda, claiming title to the suit property. One Kapoor

Singh and his brother Jagir Singh sons of Piar Kaur were impleaded

as defendants. Both the suits were consolidated and disposed of on

19.1.1980, holding that Smt.Jinda alone would succeed to the estate

of Anokh Singh. Appeal filed by Piar Singh and Kapoor Singh was

dismissed and so to the Regular Second Appeal filed before this

Court. Even the Special Leave Petition was dismissed by the Hon'ble

Supreme Court.

During this time, Smt.Jinda died. Her legal

representatives filed an execution application. Kapoor Singh filed an

objection petition which was dismissed on 22.11.1993. He also filed a

suit for permanent injunction against the decree holders, praying that

they be restrained from dispossessing said Kapoor Singh from the

suit property. The injunction as prayed for was declined and appeal

against the same was also dismissed. Respondent Nos.3 to 5 are the

grand sons of said Kapoor Singh. Now they have filed objections in

CIVIL WRIT PETITON NO.6998 OF 2008 :{ 3 }:

the execution petition, pleading Kapoor Singh as one of the parties.

They have based their claim on the sale deeds, which have been

executed at Delhi. The property is situated at Karnal. Respondent

Nos.3 to 5, thus, filed a separate suit for injunction, which is

dismissed. They have now filed response in the execution

application, saying that they have become owner in possession vide

the alleged sale deeds executed by Kapoor Singh who had delivered

them possession. The Executing Court, after noticing this long

drawn history, has dismissed the objections filed by respondent

Nos.3 to 5. Even Additional District Judge did not find any substance

in the contention raised before him. Respondent Nos. 3 to 5 then

filed a revision petition against the order passed by Additional District

Judge in the execution proceedings. The said revision was also

dismissed by this Court on 23.3.