IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: May 23, 2025 GURDEEP SINGH @ GURDITT SINGH (NOW DECEASED)

THROUGH LRS AND ANR ........Appellants Versus A.K. VAID AND OTHERS ........Respondents CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Nikhil Chopra, Advocate for the appellants.

Mr. C.S. Bakshi, Advocate for the respondents (through video conferencing).

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HARKESH MANUJA, J. (ORAL)

By way of the present appeal, challenge has been laid to the judgments and decrees dated 28.02.2017 and 18.03.2020 passed by the Courts below whereby, a suit for declaration to the effect that respondent Nos.1 and 2 were joint owners in possession of 1/2 share of the land in question having been inherited from deceased-Mangat Ram s/o Amar Nath as son and widow respectively; Rapat No.182 dated 22.11.2004 (Ex. P-23) in Roznamcha Revenue of village Karimpura, tehsil Bassi Pathana, District Fatehgarh Sahib regarding cancellation of allotment of suit land in favour of Amar Nath s/o Moti Ram based on document dated 15.07.1976 (Ex.D1) further reflecting allotment in favour of defendant Nos.1 to 3 vide document dated 03.09.1976 (Ex.D2) were liable to be set aside being false, forged and fabricated thereby, conferring no right, title or interest upon them and consequently, the entries be corrected in the name of respondent Nos.1 and 2. It was further prayed that a decree for permanent injunction be also passed for restraining defendant Nos.1 to 3 including servants/agents thereby, restraining them from alienating the suit land in any manner as well as granting decree for possession in favour of respondent Nos.1 and 2.

2. Briefly stating, the facts pleaded in the plaint are that the predecessor-in-interest (grandfather) of plaintiff i.e. Amar Nath s/o Moti Ram was allotted half share of land measuring 208 kanals and 5 marlas situated at village Karimpura, Tehsil Bassi Pathana, District Fatehgarh Sahib in the year 1950 by the Rehabilitation Department. After the death of Amar Nath in the year 1955, the suit land was mutated in the name of Mangat Ram i.e. father of plaintiff and husband of defendant No.4 as joint owner in possession to the extent of half share. On 22.09.1991, Sh. Mangat Ram expired while, leaving plaintiff as his son and defendant No.4 as widow being his heirs. It has been further pleaded that since plaintiff got commissioned in the Indian Army on 22.12.1979 as thus being away from his native place could not got the necessary mutation entered regarding the suit land in his favour as well as in favour of proforma defendant No.4 and it was only two months back that the plaintiff came to know that defendant Nos.1 to 3 having prepared false and forged documents about cancellation of allotment in the name of Amar Nath; also about rappat No.182 dated 22.11.2004 with the Patwari Halqa, Village Karimpura, Tehsil Bassi Pathana, District Fatehgarh Sahib. It was pleaded that allotment made in the name of Amar Nath was never cancelled by the competent authority, nor the suit land was ever allotted in the name of defendant Nos.1 to 3 and thus, the documents relied upon in this regard were all false, forged and fabricated as such a declaration to this effect be granted in favour of plaintiff as well as defendant No.4 followed by declaring them to be the joint owner to the extent of half share of the land described in the plaint besides granting them a decree for joint possession as well as permanent injunction by restraining defendant Nos.1 to 3 from alienating the suit land in any manner.

3. Upon notice, defendant Nos.1 to 3 appeared and filed their written statement while submitting that the suit was barred by limitation. It was also submitted that since the matter related to allotment of land by the Rehabilitation Department, in the absence of State of Punjab through Department of Rehabilitation being party, the suit was liable to be dismissed on account of non-joinder of necessary parties especially when the other co-shar