Cmpmo No. 391 of 2016. Case: Prabhi Devi and others Vs Madan Lal and others. Himachal Pradesh High Court

Case NumberCmpmo No. 391 of 2016
CounselFor Appellant: Mr. Bimal Gupta, Sr. Advocate with Ms. Kusum Chaudhary, Advocate and For Respondents: Mr. Neeraj Gupta, Advocate
JudgesMr. Chander Bhusan Barowalia, J
IssueConstitution of India - Article 227
Judgement DateApril 17, 2017
CourtHimachal Pradesh High Court


Chander Bhusan Barowalia, Judge.

  1. The present petition is maintained by the petitioners/plaintiffs (hereinafter to be called as "the plaintiffs") under Article 227 of the Constitution of India, for quashing and setting aside the order dated 09.08.2016, passed by the learned Civil Judge (Jr. Div.) Kasauli, District Solan, H.P., in an application No. 73/6, under Section 137 of the Indian Evidence Act, read with Section 151 of the Code of Civil Procedure, wherein the application for allowing the plaintiffs to re-examine PW-5, was dismissed.

  2. Briefly stating facts giving rise to the present petition are that the plaintiffs have filed a suit for permanent prohibitory and mandatory injunction against the respondents/defendants (hereinafter to be called as "the defendants") and also sought directions from the Court to restrain the defendants from causing any type of interference in the land comprised in Khata/Khatauni No. 3/10, Khasra No. 178/81, 84, 87, 89, 91, 94, 103, 111, 114, 116, 119, 131, 138, 139, 177/81 all Kita 12, measuring 24-16 Bighas and Khata/Khatauni No. 2/6, Khasra No. 172/19, measuring 1-15 Bighas, situated in Mauza Dochi, Pargana Basal, Tehsil Kasauli, District Solan, H.P. (hereinafter to be called as "the suit land") and further prayer to restrain the defendants from realizing the amount of compensation, lying with the Land Acquisition Collector. As per the plaintiffs, they are owners-in-possession of the suit land, which was purchased by the husband and father of the plaintiffs namely late Sh. Dhani Ram, in the year 1963-64, from Smt. Dropti, widow of late Sh. Khaiali Ram, for a consideration of ` 2000/- (Rupees two thousand), which amount was duly paid by late Sh. Dhani Ram in cash, after obtaining loan from friends and relatives. After purchasing the suit land, the plaintiffs were using the land for cultivation and they have also raised a cow shed, out houses garage etc. thereon. The suit land is in exclusive possession of the plaintiffs, however, revenue record showing the names of defendants No. 1 to 5 as co-owners in the suit land. As per the plaintiffs, the defendants are resident of Villge Gusam and defendants No. 4 & 5 are residing in Village Dochi out of love and affection, as the husband and father of the plaintiff, late Sh. Dhani Ram has given some land to their younger brother, Gian Chand and also gave him a house with clear understanding that he will not sell or dispose of the same, nor he will...

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