JASWANT KAUR AND OTHERS Vs. FAQUIRIA

JUDGEMENT

(1.) CM No. 1776-C of 2012:

(2.) The suit was contested and in the written statement filed by the defendants, it was stated that the suit land was standing in the name of Jiwan Singh father of the defen-dant-Jeet Singh in the revenue record from the year 1960-61. It was stated that the suit land was belonging to some muslims, who had left for Pakistan and as such, the suit land is in possession of the defendants as owner. It was further stated that the judgment and decree relied upon by the plaintiff does not relate to the suit land and even it is proved that the decree pertains to the suit land even then limitation for execution of the decree had elapsed. The plaintiff remained silent over a period of 37 years as regards the implementation of such mutation in the revenue record. The defendants himself came to be in possession as owner of the suit land and even set up a plea of adverse possession over the suit land in dispute.

(3.) The trial Court after having heard respective counsel for the parties and having scanned the evidence led on record, decreed the suit and held the plaintiff and declared him to be the owner in possession of the suit land to the extent of 1/2 share in place of defendant-Jeet Singh in land measuring 1 kanal, 12 marlas situated in village Majra, Tehsil Kharar and held the entries in column No. 4 and of the jamabandi showing the defendants to be the owner to the extent of 1/2 share pertaining to the suit land to be wrong and against the record. The defendants were also restrained from alienating the suit property by way of sale, gift or in any other manner and were further restrained from interfering in the possession of the plaintiff. The civil appeal preferred by the defendants/appellants has been dismissed by the Additional District Judge, SAS Nagar, Mohali vide impugned judgment dated 30.08.2011.