PAWAN KUMAR PAL Vs. RAJ LUMBA & OTHERS

JUDGEMENT

(1.) Having heard the rival contentions, it transpires that Smt. Ranjana Bhandari purchased a vast land from Shri Jeet Bahadur on 15.02.2007. This land pertains to Khasra No. 8 dha (area 0.1578 hect.) and 90 ka (0.0770 hect.). This land, so purchased by Mrs. Bhandari, did not display its boundaries. Out of this land, she executed one sale deed on 07.10.2014 pertaining to Khasra No. 8 dha to Mr. Faruq and Mr. Anand Kishore, wherein also no boundaries were displayed. She executed another sale deed in favour of plaintiff Shri Pawan Kumar, but in such sale deed, as alleged, boundaries were shown as under:

(2.) On the strength of sale deed Shri Pawan Kumar presented a Suit No. 185 of 2014 seeking injunction against the respondents/defendants. It appears that their land bearing Khata No. 129 Khasra No. 89-ka either at the surrounding vicinity or a part of the land is in dispute. The question arose that when Smt. Ranjana Bhandari purchased the land without any boundaries then how she could execute the sale deed displaying the specific boundaries.

(3.) So, this was the basis of the whole controversy as existing between the parties. It is also relevant to mention that when civil Court Amin was sent to the spot. He found that in the north of the property of the plaintiff, there is a thoroughfare preceding the existence of the Ashram and width of such thoroughfare is 15 feet, but ignoring such kacha rasta the boundaries have been displayed in the sale deed dated 14.10.2013.