Ram Chander vs Nathi Ram and Others

T.P.S. Mann, J.—A suit for permanent injunction had been filed by Nathi Ram and Kalawati respondent Nos. 1 and 2 so as to restrain Ram Chander-petitioner herein from installing any tube-well on any part of the agricultural land bearing Khasra No. 50//7(8-13), Khewat No. 52/51, Khatauni No. 67, situated within the revenue estate of village Mehra and also for restraining the Electricity Board i.e. respondent Nos. 3 to 5 from releasing any tube-well connection to Ram Chander-petitioner. Alongwith the suit, an application under Order 39 Rules 1 and 2 read with Section 151 C.P.C. was also filed by Nathi Ram and Kalawati, which application was allowed by learned Civil Judge (Sr. Division) Jagadhri on 27.9.2006 and respondent Nos. 3 to 5 were restrained from shifting the electric connection of tube-well in Khasra No. 7 of Rectangle No. 50 and also restrained the petitioner from installing any tube-well in the said khasra No. till the disposal of the suit. Aggrieved of the same, the petitioner filed an appeal which was, however, dismissed by learned District Judge, Yamuna Nagar on 9.6.2007. The petitioner is now before this Court in a revision under Article 227 of the Constitution of India.

The main planks of the case of Nathi Ram and Kalawati respondents as set up in the suit was that they were owners and in possession of the suit land and therefore, Ram Chander-defendant had no right for installing any tube-well in the same or getting the electric connection in respect of the tube-well in Khasra No. 7 of Rectangle No. 50.

The petitioner had also filed a suit for mandatory injunction against Nathi Ram and his two sons Ram Karan and Ram Saran, wherein said Nathi Ram appeared as DW-1 on 30.8.2008. Copy of the statement of Nathi Ram has been brought on record by the petitioner as Annexure P-8. In his cross-examination, he admitted that Killa No. 7 apart from Killa Nos. 1 8 and 22 was in the occupation of Ram Chander-plaintiff therein, while he himself was in occupation of Killa Nos. 8, 13, 26 and 19. He also admitted that when tube well bore dug by Ram Chander in Killa No. 22 dried up, he got dug another tube-well bore in Killa No. 7. Under these circumstances, where Nathi Ram -Respondent No. 1 has clearly admitted that Ram Chander was in occupation of Killa Nos. 7, 18 and 22, he cannot be heard saying that he (Nathi Ram) along with his wife Kalawati was in occupation of the suit property consisting of Khasra No. 5//7(8-3).

Learned Counsel for respondent Nos. 1 and 2 has submitted that the revenue record pertaining to the year 2000-2001 clearly depicted the possession of Nathi Ram and Kalawati over the suit land and therefore, no credence could be attached to the statement of Nathi Ram, said to have been made by him in another suit filed by Ram Chander for the grant of mandatory injunction.

Once Nathi Ram-respondent No. 1 has unequivocally stated before the Court of competent jurisdiction regarding possession of Ram Chander over Killa No. 7 apart from Killa Nos. 18 and 22 he cannot derive any benefit from the entries in the revenue record, showing him and his wife Kalawati to be in possession of the suit land. He made the statement dated 30.8.2008 on solemn affirmation in the Court of learned Additional Civil Judge, (Sr. Division) Kurukshetra in Suit No. 190/06. His statement, which in fact amounts to an admission on his part regarding the possession of Ram Chander over Killa No. 7, cannot be overlooked by relying upon the entries in the revenue record. Though the entries in the revenue record are presumed to be correct, yet they may not supersede the statement made by a party to the litigation and that too against its own interest.

In view of the above, the revision is accepted. Impugned orders are set aside and the application filed by Nathi Ram and Kalawati for the grant of ad interim injunction is dismissed.

However, anything stated above shall not be taken as an expression of opinion on the merits of the case. The trial Court shall be at liberty to decide the suit on the basis of evidence led by the parties.