SATINDERPAL SINGH Vs. MITHU SINGH

JUDGEMENT

(1.) The second appeal has been filed at the instance of the plaintiff, who has suffered a partial dent in his claim relating to the relief of injunction in respect of properties which the plaintiff' claimed as having been purchased from one Jangir Kaur. The principal contest was entered by the defendants 19 to 21, who claimed as purchasers of the property on 12.10.1976 from one Tota Singh and Mithu Singh sons of Jang Singh.

(2.) The relationship between the parties would become relevant for immediate appreciation of the area of contest. Daler Singh was the owner of 244 Kanals 11 marlas of land in Village Ukandwala, District Faridkot. He had two sons Maha Singh and yet another whose name is not relevant to us. Maha Singh had a son Jang Singh and a daughter Jangir Kaur. Jang Singh pre-deceased father living behind Tota Singh and Mithu Singh. Maha Singh died on 06.05.1974. Jangir Kaur as the heir to father claimed share equivalent to that of is pre-deceased brother and the persons claiming under him and staked a claim to 1/4 th share of the property standing in the name of her grand father. In other words, Jangir Kaur laid claim to about 61 kanals of land that appertained to a half share through her father Maha Singh. She filed a suit against Tota Singh and Maha Singh,who had by that time, after the death of Maha Singh, obtained mutation of the property in their name purporting to assert right on the Will alleged to have been executed by the father Maha Singh. The suit was instituted on 20.11.1975 not only against Tota Singh and Mithu Singh but also against all other legal heirs of Jang Singh. The brothers did not contest the suit and the Will on the basis of which the mutation appears to have been made was not put to any judicial adjudication. The suit was decreed on 02.05.1978.

(3.) During the pendency of the suit Tota Singh and Maha Singh, on the basis of mutation of the properties made in their names purported to effect the sale on some of the properties to the defendants 19 to 21 on 12.10.1976. Jangir Kaur herself took no notice of the transaction as a sale during the pendency of her suit. After securing a decree, Jangir Kaur transferred the property to the plaintiff/appellants on 28.05.1987. The property held by her was transferred to the purchaser and the purchasers filed a suit for declaration of injunction. The appellant purchased 18 kanals 11 marlas of land out of 62 kanals and sought for declaration and injunction. The lower appellate Court found in partial modification of the decree already passed by the trial Court that the plaintiff/appellant had actually been in possession of the property as a purchaser of the extent covered through the sale deed. The Court, however, found that the purchase by the plaintiff was 28.05.1987 which was later in point of time to the purchasers/defendants 19 to 21 who claimed through Tota Singh and Mithu Singh by transaction dated 12.10.1976. The relief of injunction was granted on the basis of possession but the declaratory right was denied to the plaintiff.