Punjab-Haryana High Court
Rameshwar Dayal And Another vs Brij Lal And Others on 3 July, 2012
Author: L.N.Mittal
Bench: L.N.Mittal
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Regular Second Appeal No. 4888 of 2010(O&M)
Date of decision: 3rd July, 2012
Rameshwar Dayal and another
....... Appellants.
Versus
Brij Lal and others
....... Respondents
BEFORE: HON'BLE MR. JUSTICE L.N.MITTAL
Present: Mr. N.S.Shekhawat, Advocate
for the appellants.
L.N.Mittal, J.(Oral)
Civil Misc.No. 14503-C of 2010 This is an application for condonation of delay of 275 days in refiling the appeal.
Heard.
It is alleged that the appeal was returned by the registry with some objections and the brief was inadvertently kept with some other admitted case. However, on the basis of this vague and general averment, long delay of nine months in refiling the appeal cannot be condoned. It is not even mentioned in the application as to how and when the brief was traced. Accordingly, the application is dismissed. RSA No. 4888 of 2010
Since delay in refiling the appeal has not been condoned, the appeal is liable to be dismissed on this account. However, even on merits, the appellants cannot succeed. Regular Second Appeal No. 4888 of 2010(O&M) -2- This second appeal has been filed by plaintiffs No. 2 and 4 after the plaintiffs (appellants and respondents 6 and 7) were non- suited by both the courts below.
Plaintiffs alleged that plaintiff No.1 Shri Gaushala Mahendergarh is owner of the suit land whereas plaintiffs no. 2 to 4 are in possession thereof as tenants under plaintiff No. 1. Ejectment order passed by the Assistant Collector against plaintiffs 2 to 4 in favour of defendant No. 1 Brij Lal along with execution proceedings thereof has also been challenged in the suit. It was pleaded that Brij Lal is not legal heir of Smt. Bhani and has no concern with the suit property.
The suit was contested by defendants who controverted the allegations of the plaintiffs.
Learned Civil Judge (Junior Division), Mahendergarh vide judgment and decree dated 04.06.2005 dismissed the plaintiffs' suit. First appeal preferred by plaintiffs has been dismissed by learned Additional District Judge, Narnaul vide judgment and decree dated 02.05.2009. Feeling aggrieved, plaintiffs No. 2 and 4 only have filed this second appeal.
I have heard learned counsel for the appellants and perused the case file.
Learned counsel for the appellants contended that defendant No. 1 has no concern with the suit land and therefore, he could not seek ejectment of plaintiffs 2 to 4 from the suit land. This contention can not be accepted. Ejectment order has been passed in Regular Second Appeal No. 4888 of 2010(O&M) -3- favour of Brij Lal defendant No. 1 against plaintiffs no. 2 to 4 who were party to the ejectment order. The said ejectment order can not be challenged in the civil court as jurisdiction of the civil court to challenge the same is barred. Even otherwise, counsel for the appellants conceded that question of title raised by plaintiffs 2 to 4 in the said ejectment proceeding stands decided by the Assistant Collector. Consequently, plaintiffs 2 to 4 also could not raise the question of title of defendant no. 1 in the instant suit. Plaintiff No. 1 has not filed the instant second appeal. Plaintiffs 2 to 4 (including the appellant/plaintiffs 2 and 4) have no right to challenge the title of defendant no. 1 over the suit land, having failed before the Revenue Court.
It is thus manifest that suit on behalf of plaintiffs 2 to 4 is patently frivolous and devoid of merit and so also the instant second appeal which has, therefore, to be dismissed with the exemplary costs to curb the tendency of such frivolous litigation. There is no merit in the instant second appeal. No question of law much less substantial question of law arises for adjudication in this second appeal.
Accordingly, the appeal is dismissed in limine with costs of ` 10,000/- to be deposited with the Registry of this Court within one month from today, failing which the case shall be listed for this purpose.
[L.N.MITTAL] JUDGE 3rd July, 2012 Shivani Kaushik