Punjab-Haryana High Court
Bateri Devi vs Mohinder Singh And Ors on 21 January, 2025
Author: Alka Sarin
Bench: Alka Sarin
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
117 RSA-193-2022 (O&M)
Date of Decision : 21.01.2025
BATERI DEVI .... Appellant
VERSUS
MOHINDER SINGH AND ORS .... Respondents
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. D.S. Nain, Advocate for the appellant.
ALKA SARIN, J. (ORAL)
CM-369-C-2022
1. This is an application for condonation of delay of 858 days in
refiling the main appeal.
2. For the reasons stated in the application, the same is allowed
and the delay of 858 days in refiling the main appeal is condoned.
RSA-193-2022
3. The present regular second appeal has been preferred by the
plaintiff-appellant challenging the concurrent findings returned vide
judgments and decrees dated 13.02.2019 and 23.05.2019 passed by the Trial
Court passed by the First Appellate Court, respectively.
4. Brief facts relevant to the present lis are that the plaintiff-
appellant herein averred in the plaint that proceedings had been initiated for
partition qua 222 Kanals of land which were decided by the Assistant
Collector 1st Grade, Kaithal on 10.05.2011 and Sanat Takseem was prepared
117 RSA-193-2022 (O&M) -2-
and accordingly Mutation No.3048 was entered and attested on 24.02.2012.
The challenge in the suit was to the partition proceedings as being illegal,
null and void and liable to be set aside. Suffice it to note, for the purpose of
deciding the present appeal, that the said order was challenged on various
grounds on merits also.
5. Written statement was filed denying the allegations made in the
plaint and stating that the partition proceedings had rightly been carried out.
6. From the pleadings of the parties the following issues were
framed :
1. Whether the plaintiff is entitled to the suit for
declaration and permanent injunction as
consequential relief ? OPP
2. Whether the suit of the plaintiff is estopped from
filing the present suit ? OPD
3. Whether the plaintiff has no locus standi to file
the present suit ? OPD
4. Whether the suit of the plaintiff is not
maintainable ? OPD
5. Whether the suit of the plaintiff has got no
jurisdiction to entertain and try the present suit ?
OPD
6. Relief.
7. Vide judgment and decree dated 13.02.2019 the Trial Court
dismissed the suit with costs. Aggrieved by the same an appeal was
117 RSA-193-2022 (O&M) -3-
preferred by the plaintiff-appellant which appeal was also dismissed by the
First Appellate Court vide judgment and decree dated 23.05.2019. Hence,
the present regular second appeal by the plaintiff-appellant.
8. Learned counsel for the plaintiff-appellant would contend that
as per the finding on issue No.5 it was held by both the Courts that the
jurisdiction of the Civil Court was barred as per Section 158 of the Punjab
Land Revenue Act, 1887. It is further the contention that once it was held
that the Civil Court had no jurisdiction, no finding could have been given on
merits.
9. Notice of motion.
10. Mr. Raj Kapoor Malik, Advocate has put in appearance on
behalf of caveator-respondent No.2(ii). Learned counsel would contend that
the findings have rightly been returned qua jurisdiction. Learned counsel
would further contend that he would have no objection if the findings on
merits are set aside upholding the finding on jurisdiction.
11. In view of the stand taken by learned counsel for caveator-
respondent No.2(ii), the present appeal is allowed to the extent that the
finding on issue No.5 returned by both the Courts is affirmed. However, the
findings of both the Trial Court and the First Appellate Court on merits are
set aside.
12. In view of the judgment of the Hon'ble Supreme Court in the
case of Pankajakshi (Dead) through LRs & Ors. vs. Chandrika & Ors.
[2016 (2) RCR (C) 245] there would be no requirement to frame substantial
questions of law.
117 RSA-193-2022 (O&M) -4-
13. Disposed off. Pending applications, if any, also stand disposed
off.
21.01.2025 (ALKA SARIN)
Aman Jain JUDGE
NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: Yes/No
