Sh. Rang Lal vs Sh. Banwari Lal (Deceased) on 7 November, 2019
4. The case of the defendants as per their WS is that the the plaintiff
has no cause of action for filing the present suit and has concealed the
true and material facts from the court. It is further stated in the WS that
the plaintiffs has filed the present suit regarding a common baithak which
is jointly occupied by all the defendants and other villagers of Patlan
family including the present plaintiff and another civil suit titled as
"Banwari Lal vs. Ran Lal' is already pending before the court of Sh. Raj
Kumar, Ld. Civil Judge, Delhi wherein the present defendants (except
defendant no. 3, 9 and 10) have prayed to restrain the present plaintiff
and his son namely Sh. Ram Kumar and their associates not to create
any documents and not to install any water or electricity connection in
their names as the baithak in question is common one. It is further stated
CS SCJ No. 612546/2016 Pages 6/16
in the WS that the present suit is a counter blast to the said suit and
since, the present plaintiff has not filed any counter claim in the said suit,
therefore, the present suit is not maintainable. It is further stated in the
WS that Sh. Banwari Lal on behalf of the entire Patlan family made a
written complaint to the SDM concerned and the Deputy Commissioner
(South-West) for taking necessary action. The concerned authorities
have already initiated an inquiry in this regard. The said lal dora
certificate is false and fake as the number mentioning as khasra no.
155/2 does not exist in lal dora and the entire lal dora of the village
Jhardon Kalan is one number, therefore, the alleged certificate is false
and fabricated by the plaintiff and his son Ram Kumar. Therefore, the
present suit is liable to be dismissed.