KHANDA SINGH Vs. NIRMOLAK SINGH

JUDGEMENT

(1.) THE present appeal has been preferred by Khanda Singh, appellant against the judgment and decree dated 5.5.1986 passed by learned Additional District Judge,Hisar (First Appellate Court), whereby the judgment and decree dated 13.5.1985 passed by the learned trial Court was affirmed.

(2.) THE facts in brief are that Nirmolak Singh etc. respondents have filed a suit for declaration and permanent injunction to the effect that they be declared owners in possession as co-sharers of disputed agricultural land measuring 13 Kanals 5 Marlas situated in village Bhirdana Tehsil Fatehabad, District Hisar comprising Khasra Nos. 480/1/1(2-13),2(8-0),3/1 (2-12) and defendants Khanda Singh, Smt. Parmeshwari, Smt. Prem Lata etc. be restrained to interfere in their possession. It was alleged that earlier the land in dispute was owned by Smt.Parmeshwari and Smt. Prem Lata and Khanda Singh was in cultivating possession of the said land as tenant-atRSA Will. Smt. Parmeshwari and Smt. Prem Lata had filed a suit u/s 14-A(ii) of the Punjab Security of Land Tenures Act,1953 in the Court of Assistant Collector II Grade,Fatehabad which was decided against Khanda Singh and he was dispossessed from the disputed land,as a result of which Smt. Parmeshwari and Smt. Prem Lata got physical possession of the disputed land on 4.2.1978. It was further averred that thereafter Smt. Parmeshwari and Smt.Prem Lata sold the land to Ashok Kumar on 5.7.1979 and from 1979 onwards, said Ashok Kumar was owner in possession of the disputed land. Ashok Kumar executed registered sale deed dated 21.6.1980 in favour of the respondents and mutation No. 794 dated 28.9.1981 was sanctioned in their favour.

(3.) LEARNED counsel for the defendant No.1/appellant Khanda Singh submits that appellant/defendant No.1 was initially a tenant under defendants No. 2 and 3 namely Smt. Parmeshwari and Smt. Prem Lata. The suit land was allegedly alienated in favour of Ashok Kumar by defendants No. 2 and 3 without his knowledge. He has further submitted that the appellant had no knowledge that Ashok Kumar had sold this land to the plaintiffs/respondents No.1 and 2 namely Nirmolak Singh and Darshan Singh. The appellant filed a suit against defendants No.2 and 3 and the same was decreed against them. LEARNED counsel has further submitted that in another suit filed by the appellant, Hon'ble the Supreme Court granted stayed (Exhibit D1) in favour of the appellant in respect of the disputed land.