MANMOHAN KAUR Vs. DAVINDER PAL SINGH

JUDGEMENT

(1.) As the Courts below duly recapitulated, discussed the pleadings and evidence brought on record by the parties in detail, therefore, there appears to be no necessity to again reproduce and repeat the same in this context. However, the crux of the facts, culminating in the commencement, relevant for deciding the instant appeal and emanating from the record, is that Manmohan Kaur widow of Dalip Singh appellant-plaintiff (for brevity ''the plaintiff'), filed the suit for a decree of possession, with a consequential relief of permanent injunction, restraining Devinder Pal Singh son of Lal Singh respondent-defendant (for short ''the defendant''), from raising any construction on and from alienating in any manner, the land in dispute, measuring 4 marlas, being 4/374th shares out of the total land measuring 18 kanals 14 marlas, comprised in Khewat Nos.317 & 318, Khatauni No. 343 Khasra Nos.l74//26 (18-14), situated within the revenue estate of village Karoran, Tehsil Kharar, District Ropar.

(2.) The case set up by the plaintiff, in brief in so far as relevant, was that she purchased the land measuring 17 marlas, by virtue of registered sale deed dated 26.5.1995 from the attorney of original owner Joginder Singh. The possession of the land was stated to have been delivered to her at the time of execution of the sale deed. It was claimed that the defendant also purchased the land measuring 3 marlas from co-owner Angrez Singh, being 3/127th shares out of the land measuring 6 kanals 7 marlas, bearing Khasra No.l74//18/2 (6-7), situated within the revenue estate of village Karoran, Tehsil Kharar, District Ropar. The plaintiff claimed that the defendant has forcibly constructed the foundation of disputed portion, in order to show his possession on the land in dispute, without any legal right. She (plaintiff) requested him not to raise the construction on the suit land, but in vain, which necessitated her to file the suit.

(3.) Leveling a variety of allegations and narrating the sequence of events, in all, according to the plaintiff that she has purchased the land measuring 17 marlas, being 4/374th share, by virtue of registered sale deed dated 26.5.1995 from the attorney of original owner Joginder Singh. Sequelly, the defendant has also purchased the land measuring 3 marlas, being 3/127th shares out of the land measuring 6 kanals 7 marlas from co-owner Angrez Singh, bearing Khasra No. 174//18/2(6-7), situated within the revenue estate of village Karoran, Tehsil Kharar, District Ropar, but the defendant has illegally constructed the foundation, in order to show his possession on the land in dispute, without any legal right. On the basis of aforesaid allegations, the plaintiff filed the suit for possession and permanent injunction against the defendant in the manner depicted hereinabove.