JASWANT SINGH Vs. CHAMKAUR SINGH

JUDGEMENT

(1.) This is plaintiff's (appellant herein) second appeal challenging the judgments and decrees of the Courts below whereby his suit for declaration and permanent injunction to the effect that he was the owner in possession of the suit land measuring 8 Kanals comprised in Khasra No.73//3(8-0) as per agreement and exchange deed dated 18.5.2000 and the defendant-respondent has no concern with the same as plaintiff had executed sale deed regarding land measuring 3 Kanals in Khasra No.49// 4/2min (0-4), 5/1 (1-3), 7/2/1(1-13) on 18.05.2000 consequential relief of permanent injunction restraining the respondent from taking forcible possession of the suit land or alienating the same, has been dismissed.

(2.) In brief, as per the averments made by the plaintiff appellant in the plaint, the parties were co-sharer and the suit land was not partitioned. The defendant-respondent gave the suit land measuring 8 Kanals as detailed in the plaint to the plaintiff-appellant in exchange of land measuring 3 Kanals comprised in Rectangle and Killa No.49//4/2min (0-4), 5/1(1-3), 7/2/1(1-13) situated in area of Maankhera and since then the plaintiff-appellant was in possession of the suit land. The plaintiff-appellant executed a registered sale deed dated 18.5.2000 regarding the sale of land measuring 3 Kanals in favour of the defendant-respondent in the said exchange. The defendant- respondent executed a writing dated 18.05.2000 regarding exchange with his own free will in the presence of the witnesses and appended his signatures after admitting the same to be correct.

(3.) It was further asserted that the sale deed was executed in favour of the defendant-respondent by the plaintiff-appellant in terms of the said exchange deed and the respondent had no concern with the suit land comprised in Rectangle and Killa No.73// 3(8.0), and thus, the plaintiff was entitled to decree as prayed.