KAKA SINGH Vs. SINDER PAL SINGH

JUDGEMENT

(1.) UNSUCCESSFUL plaintiff Kaka Singh has filed the present appeal and it has been directed against the judgment and decree dated 4.10.1999 passed by Addl. District Judge, Sangrur, who dismissed the appeal of said Kaka Singh by affirming the judgment and decree passed by the Civil Judge (Junior Division), Malerkotla, who dismissed the suit of the plaintiff for the reasons given in paras No. 7 of the judgment, which can be reproduced as follows :-

(2.) THE learned counsel appearing on behalf of the appellant submitted that it is proved on the record that a large chunk of the site in question was purchased from Sucha Singh vide sale deeds Ex.P3 to Ex.P5. He further submitted that since the consideration was less than Rs. 100/-, therefore, no registered sale deed was required and the first Appellate Court has wrongly made the observation that such document does require compulsory registration. It was also submitted by the learned counsel that the site in question has been given to the plaintiff in a family partition and the plaintiff is in established possession of the site in question over which he has constructed a house and the possession of the plaintiff is further established from the report of the Local Commissioner Ex.PW5/A.

(3.) IT was then submitted by the learned counsel for the appellant that the case of the defendants was that the site in question belongs to Gram Panchayat, but there is no satisfactory evidence. The plaintiff cannot succeed on this plea. He has to succeed on his own strength and not on the weakness of the defendants. The case of the plaintiff is that he got this property on the basis of family settlement, which is not proved. Secondly, his possession over the site in question on the date of the institution of the suit has not been established for the reasons which I have already quoted above. Hence, I do not see any merit in this appeal and the same is hereby dismissed with no order as to costs. Appeal dismissed.