JAGDISH SINGH Vs. GIAN SINGH AND OTHERS

JUDGEMENT

(1.) Defendant No.1-appellant by filing the present appeal has prayed for setting aside the impugned judgment and decree dated 9.3.2011 passed by the learned Additional District Judge, Mohali whereby an appeal filed by the plaintiff-respondent Nos.1 to 3 against the order dated 30.3.2009 passed by the learned trial Court dismissing the suit, has been allowed.

(2.) Brief facts of the case are that plaintiff-respondent Nos.1,2 & 3 filed Civil Suit for declaration to the effect that order dated 20.3.1995 passed by the Assistant Collector, IInd Grade, while sanctioning Mutation No.1607 regarding the land in dispute in favour of defendant No.1-Jagdish Singh on the basis of judgment and decree dated 11.1.1995 is wrong illegal and void. Further it was also prayed that the order dated 20.3.2001 as well as order dated 13.6.2002 passed by the Revenue Authorities against the order dated 20.3.1995 were also illegal and not binding upon the rights of the plaintiff-respondent Nos.1 to 3. Suit was contested by defendant No.1-appellant and rest of the defendants were proceeded ex parte.

(3.) After hearing both the sides learned trial Court dismissed the suit vide its judgment and decree dated 30.3.2009. Thereafter, an appeal was preferred by the plaintiff-respondent Nos.1 to 3 and the same was partly accepted by the learned Additional District judge, SAS, Nagar vide its judgment and decree dated 9.3.2011 while setting aside the mutation No.1607 so far as it relates to Khasra No.27//16/1/2 (1-16) holding that both the parties were in joint possession of the property in equal shares but the appeal pertaining to Khasra No.27//16/1/1 was dismissed.