IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ****

I. RSA-3074-1999 (O&M)

SMT. PREM AND OTHERS . . . . APPELLANTS Vs.

RAM PAL AND OTHERS . . . . RESPONDENTS ****

II. RSA-3073-1999 (O&M)

SMT. VIDYA AND OTHERS . . . . APPELLANTS Vs.

AMAR SINGH AND OTHERS . . . . RESPONDENTS ****

III. RSA-3075-1999 (O&M)

SMT. PREM AND OTHERS . . . . APPELLANTS Vs.

SARWAN KUMAR AND OTHERS . . . . RESPONDENTS ****

IV. RSA-3076-1999 (O&M)

SMT. VIDYA AND OTHERS . . . . APPELLANTS Vs.

SARWAN KUMAR AND OTHERS . . . . RESPONDENTS RESERVED ON: 08.05.2025 PRONOUNCED ON: 01.07.2025 ****

CORAM: HON’BLE MR JUSTICE DEEPAK GUPTA ****

Argued by: Mr. Sanjeev Sharma, Sr. Advocate with Mr. Vikram Vir Sharda, Mr. Sandeep Singh and Mr. Jugansh Goyal, Advocates for the appellant(s) in all the appeals.

Mr. Ashish Aggarwal, Sr. Advocate with Mr. Saket Bhandari and Mr. Nipun Vashisth, Advocates for respondent Nos.37 to 41 in RSA-3073 & 3076 – 1999 for respondent Nos.26 to 28 in RSA-3074 & 3075 – 1999.

Mr. Sandeep Verma, Advocate for respondent Nos.2 & 3 in RSA-3073-1999;

for respondent No.14 in RSA-3074-1999; for respondent No.16 in RSA-3075-1999;

for respondent Nos.26 & 28 in RSA-3076-1999.

Mr. Amit Jain, Advocate for LRs of respondent Nos.27, 28, 31 & 32 in RSA-3073-1999; for LRs of respondent Nos.19, 20, 23 & 24 in RSA-3074-1999;

for LRs of respondent Nos.1, 2, 5 & 6 in RSA-3075-1999; for LRs of respondent Nos.1, 2, 5 & 6 in RSA-3076-1999.

****

DEEPAK GUPTA, J.

Plaintiffs of the two consolidated suits are before this Court in the present four appeals against reversal.

Background:

2.1 Civil Suit No. 656 of 1983 (later renumbered as Civil Suit No. 895 of 1992) was filed by Surat Singh and others, seeking a declaration and permanent injunction concerning 1240 kanal 12 marla of land situated in Village Shadipur, Tehsil and District Rewari, as described in the plaint. The suit was filed against Krishan and five others.

2.2 The same plaintiffs also filed Civil Suit No. 655 of 1983 (renumbered as Civil Suit No. 893 of 1992) against Shimbhu Singh and others, seeking similar relief in respect of 650 kanal 5 marla of land located in Village Noorpur, Tehsil Rewari.

2.3 Both suits were consolidated and decided by a common judgment dated 17.04.1995 passed by the Sub Judge Ist Class, Rewari, who decreed both suits in favour of the plaintiffs.

2.4 This judgment resulted in the filing of four appeals:

o In relation to land of Village Shadipur (Civil Suit No. 895 of 1992), two appeals were filed: Civil Appeal No. 110 of 1998/1995 and Civil Appeal No. 18 of 1999/1995 by different sets of defendants or their legal representatives.

o For Village Noorpur (Civil Suit No. 893 of 1992), two separate appeals—Civil Appeal Nos. 19 & 20 of 1999/1995—were filed by other defendants/legal representatives.

2.5 All four appeals were heard together and decided by a common judgment dated 27.02.1999 passed by the Additional District Judge, Rewari, who allowed all the appeals and consequently dismissed both civil suits.

2.6 Aggrieved by the reversal, the plaintiffs filed the present Regular Second Appeals:

o RSA Nos. 3073 & 3075 of 1999 have been filed by Surat Singh and others (plaintiffs in Civil Suit No. 895 of 1992).

o RSA Nos. 3074 & 3076 of 1999 have been filed by Jagmal Singh and others (plaintiffs in Civil Suit No. 893 of 1992).

3. In order to avoid confusion, parties shall be referred as per their status before the trial Court concerned.

Pleaded case of the plaintiffs:

4.1 The facts of both suits are broadly similar, save for the distinction that Civil Suit No. 895 of 1992 pertains to land situated in Village Shadipur, while Civil Suit No. 893 of 1992 relates to land located in Village Noorpur.

4.2 It is an admitted position that one Smt. Phunsa widow of Mangal, was the original owner of the land in both villages. Said land was sold by her to the plaintiffs vide registered sale deeds dated 04.04.1960.

4.3 The plaintiffs have alleged that approximately one year after the sale, the suit land was declared as surplus in the hand