HARVINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is second appeal by Plaintiffs No. 7 and 8 after the Plaintiffs remained unsuccessful in both the courts below.

(2.) Suit was filed by Appellants and proforma Respondents No. 7 to 11 and Sher Singh against Respondents No. 1 to 6. Defendant-Respondents No. 1 and 2 are State of Punjab and Secretary, Department of Animal Husbandry and Veterinary, Punjab. Defendant-Respondents No. 3 to 6 are Gram Panchayat of Village Patran, Zila Parishad, Patiala, Chief Executive Officer of Zila Parishad, Patiala and Panchayat Samiti, Patran respectively.

(3.) Plaintiffs' case is that originally Sher Singh - Plaintiff No. 1 was owner in possession of 07 kanals 02 marlas land of khasra No. 28//9 (hereinafter called the original land). Gram Panchayat, Patran - Defendant No. 3 was owner in possession of 06 kanals 15 marlas land comprised of khasra No. 27//8 (hereinafter called the suit land). According to Plaintiffs, suit land was of inferior quality, whereas original land of Sher Singh was of superior quality. There was oral exchange between Sher Singh - Plaintiff No. 1 and Gram Panchayat - Defendant No. 3 in the year 1975, according to which Plaintiff No. 1 gave half share of the original land to Gram Panchayat in lieu of total suit land measuring 06 kanals 15 marlas. Possession was also exchanged accordingly. Since then, Gram Panchayat was in possession of half share of the original land and Sher Singh was in possession of the suit land. However, mutation of exchange was not sanctioned. State of Punjab - Defendant No. 1, with the assistance of Gram Panchayat - Defendant No. 3, constructed veterinary hospital over half of the original land. Sher Singh - Plaintiff No. 1, vide sale deed dated 22.07.1997, sold the original land measuring 07 kanals 02 marlas to his daughters Plaintiffs No. 2 to 6 (proforma Respondents No. 7 to 11). However, possession of suit land measuring 06 kanals 15 marlas was delivered to the vendees in lieu of half share of the original land, whereas possession of half share of the original land and other land sold by Sher Singh was delivered to the vendees. Plaintiffs No. 7 and 8 are widow and minor son of Gurtej Singh - predeceased son of Sher Singh - Plaintiff No. 1. They challenged the aforesaid sale deed by filing civil suit, which was decreed on 11.08.2001 and accordingly, Plaintiffs No. 7 and 8 became owners of the original land measuring 07 kanals 02 marlas. However, since Sher Singh had taken the suit land in exchange, Plaintiffs No. 7 and 8 became owners of the suit land.