Mahendra and Others vs Deva Ram

Dr. Vineet Kothari, J.—The present first appeal gives rise to a peculiar situation whereby, the defendants-appellants, who claimed to have been put in possession by the then, Collector, District Barmer on account of their own land being deluged with the floods and rains in the year 1978-79 in the District of Barmer.

In the present suit (No. 14/1981 "Deva Ram Chela Rajaram Maharaj, resident of Shikarpura, Jodhpur through Power of Attorney Holder - Madroop Ram S/o Viram Ram v. Bhuriya S/o Dharma & Ors.), the plaintiff-Deva Ram claimed the said land belong to him and reclaimed his possession. The suit was decreed by the learned Trial Court in favour of the plaintiff on 20.04.1985.

In the present suit, 16 defendants were arrayed as the persons in such unauthorised possession over the land of 33800 square feet, whereas the present appeal was originally filed only by five defendants, namely, the Defendant No. 8-Mahendra S/o Ram Niwas, Defendant No. 10-Teja Ram S/o Shivnath Ram, Defendant No. 11-Ravia S/o Vega, Defendant No. 12-Mada S/o Vaga and Defendant No. 15-Kachba S/o Lakha.

The present first appeal by the defendants-appellants Nos. 3-Ravia and No. 4-Mada was withdrawn by them vide order dated 25.02.1987 passed by a co-ordinate Bench of this Court. Therefore, presently only three appellants are contesting the present first appeal namely, Appellants No. 1-Mahendra, No. 2-Teja Ram, No. 5-Kachba.

Admittedly, the appellants-defendants do not hold any title or patta of the said land in their favour even though they claimed to have been put into possession by the then Collector, District Barmer, but The State of Rajasthan through Collector, District Barmer was not arrayed as a defendant in the suit and, therefore, the stand of the State of Rajasthan, as to whether the land in question belonged to the plaintiff or the State, is not clear.

The Appellants have also offered to deposit the market price of the land for regularisation of their title or possession over the said land.

However, to settle the equities and the respective dispute of title of the plaintiff and the defendants through the District Collector, Barmer, it is considered necessary to implead the State of Rajasthan through the Collector, District Barmer as a party-respondent in the present first appeal, so that the relevant evidence with regard to the title of the said land as per Revenue Record, can clearly came before this Court through application under Order 41 Rule 27 of the Code of Civil Procedure. This will be without prejudice to the rights of the plaintiff-decree-holders to contest, who are respondents in the present first appeal.

To verify the bona fides of the aforesaid offer of the appellants-defendants and to implead the State of Rajasthan through the Collector, District Barmer, as a party-respondent in the present first appeal, all the defendants, as per the judgment and decree of the learned Trial Court dated 24.04.1985, 16 in number enumerated below, either themselves or through their respective legal representatives or successor-in-title, if any, are directed to deposit the amount @ Rs. 50/- per square feet of the actual possession of the land holding by them as of now within a period of two months from today. The sixteen names of the defendants in the suit are as under:--

The District Collector, Barmer shall verify the actual possession of the said land which as per the judgment and decree of the Trial Court dated 20.04.1985, is 33800 square feet of land amongst the 12 persons named in para-8 of the judgment represented by 16 defendants, as arrayed in the Civil Original Suit No. 14/1981 "Deva Ram v. Bhuria & 15 Ors.".

The District Collector, Barmer may also furnish a report to this Court about the actual possession by each of the defendants or any other person, and deposit of the said money by the defendants arrayed in the original suit, who are in possession of the said land in question.

The appellants-defendants in the original suit shall produce the proof of the aforesaid deposit of the amount with the Collector, District Barmer in this Court before the end of the month of February, 2016. They will also file an amended cause title bringing on record the legal representatives of all the appellants-defendants, if any and the State of Rajasthan represented by the Collector, District Barmer, as the party-respondent in the present first appeal along with the private plaintiff-respondent.

The Collector, District Barmer is also directed to produce the original revenue as updated till now record of the land holdings of the aforesaid khasras in question namely, khasra No. 558 and khasra No. 559 of Tehsil Pachpadra, District Barmer and also the report of the Collector, District Barmer about the actual possession/construction, if any, raised by the defendants on the said land on the total 33800 square feet with site photographs of defendants'' and plaintiff's land holdings and a hostel said to have been constructed by them with a site map, as mentioned in the Trial Court's judgment dated 20.04.1985.

The appellants shall furnish an extra copy of the memo of the present first appeal along with its annexures along with copy of the judgment and decree of the Trial Court in the Registry within 3 days and which may be sent to the Collector, District Barmer along with a copy of this order passed today for needful compliance before the next date of hearing of the present first appeal.

Before the next date of hearing, the learned Collector, District Barmer is expected to file his reply, take a stand in the matter and copies of all the relevant evidence available with him in respect of the 33800 square feet of land in question.

In view of the aforesaid and in the interest of justice, the final hearing of the present old first appeal, which is pending since the year 1985 in this Court and 30 years have gone-by, is kept pending for next two months in view of the aforesaid circumstances.

The matter may now again be listed before this Court on 03.03.2016.