GOBIND SINGH Vs. IMPROVEMENT TRUST AND ORS

JUDGEMENT

(1.) This is second appeal by plaintiff No. 1 only.

(2.) Suit was filed by appellant and proforma respondents No. 3 to 6 against respondents No. 1 and 2 i.e. Improvement Trust, Ludhiana and its Chairman, alleging that the plaintiffs are owners in possession of the suit house comprised of khasra No. 65//11 as their predecessor Sukhdev Singh (father of plaintiffs No. 1 to 4 and husband of plaintiff No. 5) had purchased it from Sajjan Singh vide registered sale deed dated 5.9.1989 and since then Sukhdev Singh and after his death plaintiffs are owners in possession of the suit property. Defendants without any right, title or interest therein threatened to take forcible possession of the suit property from the plaintiffs after demolishing the house. Accordingly, the plaintiffs sought permanent injunction restraining the defendants from interfering in peaceful possession of the plaintiffs over the suit property and from taking forcible possession thereof.

(3.) The defendants, inter alia, pleaded that the suit land had already been acquired in '475 Acre Development Scheme' vide notification under Section 36 of the Punjab Town Improvement Act published in Government Gazette dated 2.7.1976, Award for acquisition of the land was passed on 4.6.1981. The alleged sale deed in the year 1989 in favour of plaintiffs' predecessor is not legal and valid. Defendants are owners in possession of the suit land since after its acquisition. Plaintiffs are neither owners nor in possession thereof. Various other pleas were also raised.