KHUSHAL CHAND Vs. DHARAM CHAND SINCE DECEASED

JUDGEMENT

(1.) Challenge in the present appeal has been directed against concurrent findings recorded by the courts whereby suit of the plaintiff asserting his having become owner in possession of land measuring 73 kanals, detailed in para 1 (un-numbered) of judgment of the trial court was dismissed but he was allowed alternative relief of permanent injunction with the findings that he is in settled possession and he can not be dispossessed therefrom except in due course of law vide judgment and decree dated 25.3.2015 passed by the trial court.

(2.) The judgment and decree passed by the trial court led to filing of two appeals i.e. one by Khushal Chand and other by defendants No. 2 and 3 in whose favour the suit land was sold by defendant No. 1 (father of the appellant) vide sale deed No. 3229 dated 19.2.2010.The appellant-plaintiff staked his claim qua ownership of the suit land on the basis of family settlement which took place between him and his father (defendant No. 1) in April 2007 with the averments that revenue record showing defendant No. 1 to be owner of suit land is wrong and liable to be corrected. He further assailed sale deed No. 3229 dated 19.2.2010 executed by defendant No. 1 in favour of defendants No. 2 and 3 being a sham transaction and not binding upon right of the plaintiff. Mutation No. 6490 dated 24.2.2010 sanctioned on the basis of aforesaid sale deed is branded as illegal, null and void.

(3.) Counsel for the appellant did not make any submissions to assail the judgments negating his plea qua family settlement between him and his father in April 2007 on the basis whereof he asserted his claim to be owner in possession of disputed land, admittedly, owned by his father Sh. Dharam Chand defendant No.1.