IN THE COURT OF SH GOPAL ARORA PCS, ADDITIONAL CIVIL JUDGE (SR.DIVN) RAJPURA.

Civil Suit No Gurmeet Singh and others Singh and others In the matter declaration & injunction of Suit for permanent versus Malkit

Written Statement on the behalf of the Performa defendants no. 16,18,20,27,28.29,34,37 &54 Most respectfully showeth:1.That the contents of the para no.1 of the plaint is correct. 2.That the contents of the para no.2 of the plaint is correct.
3.

That the contents of the para no.3 of the plaint is correct.

4.That the contents of the para no.4 of the plaint is correct. It may be stated over here that neither the defendants no 1 to 9 were owners nor in possession of the suit

property. It may be stated over here that the suit property was allotted to the Harijan community of village Harpalpur and the defendants no 1 to 9 have no concern or

connection with the suit property ,but the said defendants in connivance with each other and revenue officials got the

Girdawaris transferred in their names, with intention to grab the suit land. The Khasra Girdawaris was challenged before the

District Collector, Patiala and

the order

passed by the Collector, Patiala is pending before the AC llnd Grade Ghanaur by the and the answering Performa

plaintiffs

defendants. The defendants no 1 to 9 have also filed a civil suit for permanent

injunction against the plaintiffs and the Performa defendants which is pending

before the Court of Smt Jagdeep Kaur Virk (PCS) Civil Judge (JR DIVN),Rajpura. The said Suit has been filed by the defendant no 1

Malkit Singh and the other defendants without any basis and their intention is to cheat the members of the society and to grab the suit property and further the

defendants no 1 to 9 are not in possession of the suit property, Due to this reason the defendants no 1 to9 sold the suit property illegally.
5.

That the para no.5 of the plaint is correct and it is worth mentioning here that the

defendant no 1 being showing himself to be the president of the Harijan Cooperative Society with the other defendants no 2 to 9 in a fraudulent manner alleging themselves to the members have executed a sale deed bearing wasika no 2718 dated 05-08-2008 in favour of the defendants no 10 to 13 illegally, wrongly by flouting rules and

regulations with regard to Nazool Land. It may be stated over here that the defendant no 10 is Jatt (Sikh) by caste, and the

defendant no 11 is Saini by caste and the other defendants no 12 &13 are also belongs to the General Category. The Sub Registrar, Rajpura Sh Kuldeep Singh has

wrongly registered the sale deed in question of the Nazool land which is in favour of the defendants no 10 to 13 with perfunctory and illegal manner. Moreover the Sub

Registrar Rajpura had registered this Nazool Land sale deed despite above stated rapat rojnamcha no 252 dated 4-6-92 against the rules and instructions issued by Govt may from be the State

time to time in this regard. It stated over here that the

Government of Punjab

Department of

Revenue and Rehabilitation ( Land Revenue Branch ) also issued a notification vide memo no.26/54/2007LR-IN/4165 to the all the and dated Deputy all the

25.7.2007

Commissioner, in the state

Commissioners of Division in the State and

the Inspector

General

of Registration,

Kapurthala Road, Jallandhar about the Rule 7 of the rules Notification ibid, as amended vide dated

No.14/2/90-LR-III-4468

18.3.1991 reproduced as under: 7 Bar on alienation: No

Cooperative Society or the individual member of Scheduled Castes, as the case may be , shall alienate or sell or mortgage the Nazool Land and such land shall go down only in inheritance: The copy of the Notification issued by

Secretary Revenue vide above said memo is also attached for the kind perusal of this Honble Court. As such Rajpura, revenue the Sub Registrar, and all the of Sub

the Halqa Patwari officials of the

office

Registrar, Rajpura has totally ignored and violated the Nazool Land ( transfer ) Rules 1956 and also notification dated 18.3.1991 and facilitate the defendants by way of

registering

the sale deed dated 5.8.2008, law and liable to be also ready to

which is against the

set-aside. The plaintiffs are

initiate a separate complaint before the competent court of law, against the revenue officials after obtaining sanction from competent authority.
6.

the

That the contents of the para no.6 of the plaint is correct. It may be stated over here that some members of the Co-operative Society after sale the registration dated of the

impugned

deed

5-8-2008,

approached to the Assistant Sub Registrar, Co-operative request to Society, cancel Rajpura the with the

administrative

committee of (S.C.L.O) of Village Harpalpur, as such the Assistant Sub Registrar, Cooperative Society, Rajpura suspended the

Administrative committee constituted by the defendants no 1 to 9 illegally and appointed Mr. Sukhdev Singh Inspector to be the newly

Administrator of the society. The Assistant Sub Registrar, co-operative Society, Rajpura further ordered to the defendants no 1 to 9 to submit their reply within the period of 15 days from the receipt of notice. 7.That the contents of the para no.7 of plaint is correct. The the

plaintiffs and some

other members of the society have also filed a petition for the cancellation of the sale deed of Nazool Land and also suspension of the Harijan Cooperative land owning Society and request for the appointment of

Administrator of the Society before THE REGISTRAR PUNJAB.

8.

CO-OPERATIVE

SOCIETIES

That the content of the para no.8 of the plaint is correct. It is worth mentioning here that the Nazool Land have been kept for

the benefit of Schedule Cast only for their upliftment as they have suffered for

centuries. But the defendants no 1 to 9 and

the defendants no 10 to 13 inclusion and in connivance with each other committed

fraud with the society as well as Punjab Government by way of grabbing the suit property. The sale deed dated 5-08-08 is illegal, ineffective, inoperative and not

binding upon the rights of the plaintiffs and the other members of the society and does not confers any title and liable to be setaside. it may be stated over here that the all the defendants have submitted a false, frivolous documents with regard to

registration of the sale deed and also inclusion with revenue officials wrongly

deleted the word of Nazool Land from the Revenue record. And with a view to cheat the society deleted the rapat rojnamcha no 252 dated 4-6-92 in which clearly

mentioned that the suit property cannot be sold and mortgage and further to submit here that the witnesses one Lambardar is

not residing at village Harpalpur and the other witness namely Avtar Singh is the son of the Defendants no 1 , so the fraud committed by them is seen very much apparent. The defendants no 1 to 13 have mis use the law to serve their own illegal designs and totally flouted the rules and regulations with regard to the Nazool Land. 9.16. That the content of the para no. 9 to

16 of the plaint is genuine and correct one. Prayer clause of the plaint is genuine one. It is therefore, prayed that the suit of the plaintiffs may very kindly be decreed with costs and against the defendants

Submitted by 1.Sukhwinder Singh son of Ram Jass 2.Naib Singh son of Mangta Ram 3.Ajaib Singh son of Mangta Ram 4.Gurnam Kaur widow of Jeet Singh 5.Gurdev Singh son f Rounki Ram 6.Avtar Singh son of Harbans Singh

7.Harmesh Singh son of Pritam Singh Performa Defendants no. 16,18,20,27,28,29,34,37 &54 Through Counsel