RANDHIR SINGH Vs. RANJIT SINGH

JUDGEMENT

(1.) This is second appeal by Plaintiff Randhir Singh who was successful in the trial court but has been non-suited by the lower appellate court.

(2.) Kishan Singh was grand-father of both the parties. Plaintiffs case is that Defendant was owner of the suit property measuring 21/2 marlas situated in Mathurapuri, Phillaur whereas Plaintiff was owner in possession of 13 marlas 3 sarsahi land in village Haripur (hereinafter called the exchanged land) being 1/6th share of 4 kanals land. The parties orally exchanged the aforesaid properties and also exchanged possession thereof. Thereafter memorandum of settlement dated 7.4.2000 was also recorded. Accordingly, the Plaintiff became owner in possession of the suit property. Defendant became owner in possession of the exchanged land. The Defendant also constructed boundary wall of big kothi in village Haripur around the exchanged land. The Plaintiff accordingly sought declaration that he is owner in possession of the suit property in view of exchange and Defendant has taken the exchanged land in lieu thereof. The Plaintiff also sought permanent injunction.

(3.) The Defendant denied the plaint allegations. The plea of exchange of the properties and exchange of possession thereof was controverted. It was pleaded that the Defendant is owner in possession of the suit property which he purchased vide sale deed dated 15.10.1998 from Plaintiff's father for one lac. It was pleaded that ground floor of the suit property is in possession of tenant-Bank and first floor thereof is in possession of the Defendant It was also alleged that Defendant's father had 5/6th share in 4 kanals land in question whereas the Plaintiff's father has remaining 1/6th share but Plaintiff is not sole heir of his father as Plaintiff's mother and two sisters are also legal heirs of Plaintiff's father. Various other pleas were also raised.