SUKHJIT SINGH Vs. RAKESH KUMAR

JUDGEMENT

(1.) The defendant-appellant is in appeal against the judgment of the Civil Judge (Jr.Divn.) Dasuya dated 18.01.2016 which has been upheld by the Lower Appellate Court at Hoshiarpur on 12.02.2021. Resultantly, the suit for declaration to the effect that the judgment and decree dated 02.01.2009 (Exs.P-3 & P-4) have been held to be null and void qua land measuring 2 Kanals 10 Marlas out of the land measuring 14 Kanals 11 Marlas, bearing Khasra Nos.198(6-6), 200(8-5). The suit for joint possession of the land in question has also been decreed.

(2.) Counsel for the appellant has mainly argued that there was an agreement to sell in favour of the appellant with Harjinder Singh dated 02.09.2004 (Ex.D-1) and therefore, the suit having been decreed on 02.01.2009, the sale would relate back to operate from the said date in his favour and therefore, the Courts below were not justified in setting aside the said judgment and decree. It was, accordingly, contended that there was no need for the appellant to challenge the sale deed dated 16.07.2007 in favour of the plaintiff which had been executed in his favour by one Gopal Krishan who was further purchaser by Harjinder Singh, the original landowner.

(3.) Counsel has, thus, relied upon judgments passed by this Court in Smt. Madhu Sharma Vs. N.K.Mair & others , 2018 4 RCR(Civ) 881 and Gurmit Singh & others Vs. Inderjit Singh,2018 2 PunLR 685, to buttress his argument.