SARABJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Leave granted.

(2.) Sarabjit Singh, the appellant herein, purchased 30 kanals 11 marlas of land from Salamat Masih through two deeds dated 11.2.1992 and 13.3.1992. The pleadings in the instant appeal reveal, that the aforesaid purchase made by the appellant was out of a total holding of 99 kanals (with the vendor Salamat Masih). It is not a matter of dispute, that on purchasing 30 kanals 11 marlas of land, the appellant Sarabjit Singh set up a brick kiln on the land for manufacture of bricks. Itpal Singh (respondent no. 4 herein) and his brother Gurbinder Singh also purchased 61 kanals 3 marlas of land from Salamat Masih (the vendor of Sarabjit, the appellant herein). The instant purchase was made through two sale deeds dated 17.3.1997 and 4.4.1997. It is accepted by the parties, that the land purchased by Sarabjit Singh, the appellant herein, adjoins the land purchased by Itpal Singh (respondent no. 4 herein) and his brother Gurbinder Singh.

(3.) The first litigation between the parties was initiated by Salamat Masih. He filed a civil suit on 20.4.1995 against the appellant Sarabjit Singh. The principal prayer made by Salamat Masih in the aforesaid suit was, for a direction to the appellant Sarabjit Singh, not to interfere in his land measuring 61 kanals 3 marlas. It would be pertinent to mention at this juncture, that it was the instant land which was subsequently sold by Salamat Masih to Itpal Singh and his brother Gurbinder Singh (through the said two registered sale deeds, dated 17.3.1997 and 4.4.1997). In the written statement filed by Sarabjit Singh in response to the suit filed by Salamat Masih, Sarabjit Singh admitted, that he had only purchased 32 kanals of land, out of the total land holding of Salamat Masih. Interestingly, in his written statement, Sarabjit Singh (the appellant herein) did not aver, that he had entered into an agreement to purchase any further land from Salamat Masih.