GURMAIL SINGH Vs. BHAG SINGH AND ORS

JUDGEMENT

(1.) Plaintiff/Appellant is in second appeal against the concurrent findings returned by both the courts below, whereby his suit for permanent injunction on the basis of title has been dismissed by the learned Civil Judge(Jr. Divn.), Ludhiana vide its judgment and decree dated 7.5.2008 and the findings thereof were affirmed by the learned Additional District Judge(Fast Track Court), Ludhiana vide judgment and decree dated 18.05.2009.

(2.) In brief, the facts of the case are that the plaintiff/appellant Gurmail Singh alleged that one Mehar Singh was owner in possession of the house in dispute, who agreed to sell the same to the plaintiff Gurmail Singh vide agreement to sell dated 26.10.1999 for consideration of Rs.90,000/- and received an amount of Rs.40,000/- from the plaintiff. Mehar Singh, in pursuance of this agreement to sell executed a sale deed dated 6.1.2000 and the possession of the house in question was delivered to him. Since then he is owner in possession of the house in dispute. It was further averred that Mehar Singh and his father Dasaunda Ram @ Dasunda Singh purchased the plot measuring 2 biswas from one Labh Singh son of Ram Saran who is brother of Dasaunda Ram @ Dasunda Singh and got transferred in the name of Amarjit Singh brother of Mehar Singh. It was averred that the plot which was inherited by Amarjit Singh from his father Dasaunda Ram through registered Will dated 11.12.1980 fell into share of Mehar Singh by virtue of family settlement and thus became owner in possession of the same. Hence in view of the above facts, it was stated that the plaintiff is the owner in possession of the property in question and the defendants who are third persons are trying to interfere in his possession. Hence the suit.

(3.) Upon notice, it was averred that plaintiff is not the owner in possession of the suit property. It was averred that the property in dispute was owned by Amarjit Singh. Mehar Singh and Amarjit Singh are real brothers. In the year 1965, Dasaunda Singh was the owner of the property in dispute while his cousin Labh Singh was owner of the property measuring 2 Biswas adjoining the suit property. Amarjit had purchased those 2 Biswas of property from Labh Singh through sale deed and remaining property of 2 Biswas belong to Dasaunda which were inherited by Amarjit Singh through registered Will of 11.12.1980. Thus Amarjit Singh had rented out the property to Bhag Singh(defendant no.1)/ respondent no.1 in March 1997 and since then he was in possession as a tenant. However, in January 1999, Amarjit agreed to sell his property measuring 4 Biswas in favour of Bhag Singh defendant no.1 vide agreement to sell dated 12.01.2000 and sale deed was to be executed by 15.06.2000. It was further averred that the defendant no.1 is in peaceful possession of the suit property and the sale deed dated 6.1.2000 is illegal, null and void. Remaining averments were denied and prayer was made for dismissal of the suit.