AMAR KAUR Vs. HARDEV SINGH

JUDGEMENT

(1.) The dispute in this second appeal relates to land measuring 3 Bighas 15 Biswas comprised in Rectangle No. 23, Killa No. 6/2 situated in village Khamano Tehsil Samrala District Ludhiana as per Jamabandi for the year 1972-73. Amar Kaur, plaintiff obtained a decree in suit decided on 7-1-1957 against her sons Dalip Singh and Malkiat Singh for recovery of Rs. 200.00 for six months as maintenance and for being entitled to remain in possession of 11 Bighas 7 Biswas of land comprised in Rectangle No. 22, Killa No. 10/2, 11, 20/1 out of rectangle No. 23, Killa No. 6/2 as per Jamabandi for the year 1954-55 in lieu of maintenance till her death. Since the amount of maintenance was not paid, Amar Kaur got the land of her sons Dalip Singh and Malkiat Singh including land comprised in Killa No. 6/2, auctioned in execution of decree and with the permission of the Court, purchased it herself on 24-5-1960. Amar Kaur became the absolute owner of the land which she purchased in auction in execution of the decree of her maintenance. Before Amar Kaur purchased the land in open auction, one of her sons namely, Malkiat Singh sold 15 Bighas 10 Biswas of land which was his 1/2 share out of total land of 31 Bighas 1 Biswa, to Hardev Singh, Sewa Singh and Hardev Kaur (now respondents) vide sale deed dated 12-6-1958 registered on 29-4-1959. However, no specific Khasra No. was sold vide the aforesaid sale deed.

(2.) Respondents i.e. vendees from Malkiat Singh, filed a suit for declaration that the sale in favour of Amar Kaur in open auction is not binding on them. This matter finally came up in High Court and C. G. Suri, J. (as his Lordship then was), vide judgment dated 113-1973 in Regular Second Appeal No. 1089 of 1963 held :

(3.) Amar Kaur apprehending forcible dispossession from the land measuring 11 Bighas 7 Biswas which she had purchased in the open auction and was in possession of the same, filed a suit for injunction on 20-9-1973 seeking a restraint order against her forcible dispossession from the land included in Killa No. 6/2.