R.S.A.No. 2736 of 2009 (O&M) 1 In the High Court of Punjab and Haryana at Chandigarh R.S.A.No. 2736 of 2009 (O&M) Date of decision: 13.5.2011 Krishna and others ......Appellants Versus Bawa Ram and others .......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.D.S.Pheruman, Advocate, for the appellants. Mr.G.S.Nagra, Advocate for respondents **** SABINA, J. The plaintiffs had filed a suit for declaration to the effect that they were owners to the extent of half share of the suit property by efflux of time and the decree dated 6.12.2003 and sale deed dated 28.1.2004 were illegal, null and void. The case of the plaintiffs, in brief, was that Bawa Ram and Kasturi Lal were owner of the suit land to the extent of 2/3rd share. Rattan Chand was owner of the suit land to the extent of 4/15th share. Sunil Kumar, Satish Kumar, Sudhir Kumar and Sajni R.S.A.No. 2736 of 2009 (O&M) 2 were owners to the extent of 1/15th share. The suit land was mortgaged in favour of Sant Ram and Ralla Ram in the year 1947. The plaintiffs were legal representatives of Sant Ram, whereas, Bal Kishan, Ram Kishan, Harbans Lal, Sita and Ambo were the legal representatives of Ralla Ram. The land owner had failed to get the land redeemed and a period of 30 years had elapsed. Hence, the legal representatives of Ralla Ram had become owners of the suit land by efflux of time. Defendants No.1 and 2, Bawa Ram and Kasturi Lal, in connivance with defendants No. 7 and 8 had filed a collusive suit. The decree dated 6.12.2003 was illegal, null and void and was not binding on the rights of the plaintiffs. Bawa Ram and Kasturi Lal, thereafter, executed a sale deed in favour of defendants No.11 to 13 on 28.1.2004. The said sale deed was also illegal, Defendants No.1 to 3, 7, 8, 11 to 13, in their written statement, averred that the suit land was owned by Bawa Ram but had not been mortgaged in favour of Sant Ram before the year 1947 as alleged by the plaintiffs. Sant Ram and Ralla Ram had died but the plaintiffs were not the legal representatives of Sant Ram as he had died widowless and issueless. Ralla Ram was survived by only Bal Kishan and Ambo. In fact, defendants No.1 and 2 had got the land redeemed by filing civil suit No.316 of 2002. A compromise was effected in the said suit and decree was passed on the basis of the said compromise on 6.12.2003. Defendants No.4 to 6, 9 and 10 were proceeded ex parte. On the pleadings of the parties, following issues were framed by the trial Court:- “1. Whether plaintiffs are owner to the extent of ½ share R.S.A.No. 2736 of 2009 (O&M) 3 by efflux of time? OPP. 2. Whether plaintiffs are entitled for a suit for declaration as prayed for ? OPP 3. Whether judgment and decree dated 6.12.2003 passed by Smt.Dimple Walia, is illegal, null and void and is liable to be set aside? OPP 4.Whether the suit is not maintainable in the present form ? OPD 5. Whether the plaintiffs have no locus standi to file the present suit ? OPD 6. Relief.” The trial Court dismissed the suit of the plaintiffs vide judgment and decree dated 12.8.2006. Aggrieved by the said judgment and decree, plaintiffs preferred an appeal and the same was also dismissed vide judgment and decree dated 3.3.2009 passed by the Additional District Judge (Adhoc), Fast Track Court. Hence, the present appeal by the plaintiffs. After hearing learned counsel for the parties, I am of the opinion that the present appeal is devoid of any merit and deserves dismissal. Admittedly, the land in question was owned by Bawa Ram. The case of the plaintiffs was that they were legal representatives of Sant Ram, mortgagee. Both the Courts below, after appreciating the evidence led by the parties on record, have given a finding of fact that the plaintiffs had failed to establish that they were legal representatives of Sant Ram. Learned counsel has failed to point out that the said finding of fact was perverse. R.S.A.No. 2736 of 2009 (O&M) 4 No substantial question of law arises in this regular second appeal, which would warrant interference by this Court. Accordingly, the same is dismissed. (SABINA) JUDGE May 13, 2011 anita