SUBHASH CHANDER Vs. MOHINDER SINGH

JUDGEMENT

(1.) This is the second appeal filed by the plaintiff/appellant against the judgment and decree dated 19th October, 1979 passed by the learned trial Court and further judgment and decree dated 21st September, 1981 passed by the learned first Appellate Court.

(2.) The brief facts of the present case are that plaintiffs have filed the suit seeking declaration that the plaintiffs are the owners in possession of 2/3rd share of the suit land and the sale deed dated 22nd August, 1966 executed by defendants No. 4 and 5 in favour of defendants No. 1 to 3 is null and void; defendants No. 4 and 5 were proprietors and biswedars in Village Bakhli, Tehsil Guhla, who sold their entire holding of agricultural land along with all the rights appurtenant thereto and all the rights in patti, Shamlat Thula and Shamlat Deh (Harkishan) to the plaintiffs and the defendants No. 1 to 3 vide two sale deeds dated 8th June, 1959 (Ex. P.3) and 28th June, 1960 (Ex. P4); according to the sale deeds, plaintiffs acquired 2/3rd share while defendants No. 1 to 3 acquired 1/3rd share; having purchased the land through above said sale deeds, title and interest in the Shamlat Deh, Shamlat Thula and Patti divested from the defendants No. 4 and 5 and vested in the plaintiffs and defendants No. 1 to 3; Shamlat Deh was mutated in favour of Gram Panchayat Bakhli when Punjab Act No. 1 of 1954 came in operation but on the enforcement of Punjab Act No. 18 of 1961, the said Shamlat Deh which was mutated in favour of the Gram Panchayat divested from the Gram Panchayat to the extent of 3/4th and revested in the whole proprietory body to the extent of 3/4th share under a decree titled as Bakhtawara versus Gram Panchayat Bakhli, Suit No. 34 of 1964 decided by the then Sub Judge on 9th February, 1965; defendants No. 4 and 5 again sold their share in this Shamlat Deh and Mastarka Malkan that is Khewat No. 482 and 427 respectively of Jamabandi 1960-61 to defendants No. 1 to 3 vide sale deed dated 22nd August, 1966 (Ex. P2) illegally. As per plaintiff, since defendants No. 4 and 5 had already sold the property in favour of the plaintiffs and defendants No. 1 to 3, hence subsequent sale deed dated 22nd August, 1966 is void and nullity and does not create any title in favour of defendants No. 1 to 3. The further case of the plaintiff is that plaintiff is in joint possession of the same and plaintiff and defendants are shareholders as per the sale deeds of 1959 and 1960 and defendants No. 1 to 3 did not acquire any right pursuant to the impugned sale deed dated 22nd August, 1966.

(3.) Defendants contested the suit on the ground that sale deed in question was executed by defendants No. 4 and 5 on the basis of mutation and after the vesting of the land in the Gram Panchayat and thereafter on revesting, sale deed in question was correctly executed in favour of the defendants No. 1 to 3; the suit is time barred; the suit as framed does not lie and there is no such partition of khewat No. 489, that Civil Court has no jurisdiction.