HARMEET KAUR Vs. PARTAP KAUR

JUDGEMENT

(1.) Harmeet Kaur the appellant (hereinafter referred to as the plaintiff) in the present regular second appeal filed a suit for a decree of declaration to the effect that she was owner of the land in dispute as fully described in the plaint on the basis of sale deed dated 6.8.1984 for a sum of Rs. 40,000/ -. She further prayed that the respondents be restrained from interfering in her peaceful possession. It may be mentioned here that she also pleaded that prior to sale that came about in her favour on 6.8.1984, Partap Kaur original owner of the land had mortgaged the same to her husband Jagraj for a sum of Rs. 12,500/ -.

(2.) Respondents No. 3 to 5 (hereinafter referred to as defendants) entered defence and contested the cause of the plaintiff by inter -alia pleading that the original owner Partap Kaur sold the land in dispute to them by virtue of sale deed dated 15.6.1983. Inasmuch as after execution of sale deed the owner refused to get the deed registered, they were constrained to file a civil suit against her under Sec. 77 of the Indian Registration Act calling upon her to get the sale deed registered. This suit, it appears from the proceedings of this case was decreed on 20.8.1986. Pursuant to the directions issued by the learned Subordinate Judge in the said case, the sale deed in favour of defendants came to be registered on 23.5.1986. It is relevant to mention that against the said judgment and decree, Partap Kaur filed an appeal before the first appellate court on 12.5.1987 which was dismissed. On respective pleadings of the parties, the learned Subordinate Judge framed following issues: -

(3.) Whether the court has no jurisdiction to try the suit? OPP