MALKIAT SINGH Vs. KESAR SINGH AND OTHERS

JUDGEMENT

(1.) The plaintiff-appellant is in second appeal before this Court.

(2.) The plaintiff filed a suit for the grant of a decree of permanent injunction restraining the defendants from interfering in his peaceful possession and further restraining them from alienating, transferring by way of sale, gift, mortgage etc. any portion of the land as described in the head note of the plaint. It was pleaded that he being the only son of Arjan Singh, had inherited the suit land and consequent upon the death of his father, he has been cultivating the land as owner in possession. The mutation of inheritance had also been sanctioned in the revenue record in the name of plaintiff. It was pleaded that the father of the plaintiff had exchanged a piece of land measuring 8 Kanals with one Bhajan Singh. The mutation of the same had also been sanctioned in the name of Arjan Singh i.e. father of the plaintiff but it so transpired that later on, the same was acquired by the State of Punjab and compensation given to Arjan Singh had been duly passed on to the legal representatives of Bhajan Singh and an agreement as well as receipt in token thereof had been duly executed. It was, thus, pleaded that on the basis of exchange-deed, the father of the plaintiff became owner in possession and the plaintiff inherited the said land. The plaintiff had also pleaded as regards purchase of yet another piece of land vide sale-deed dated 1.3.1994 and as such, he is the owner of total land of 3 Kanals and 16 Marlas. It was alleged that the defendants in connivance with each other had threatened to dispossess the plaintiff and hence, the suit.

(3.) Upon notice, defendant No.1 was proceeded ex parte and the remaining defendants filed written statement contesting the plea raised by the plaintiff in the plaint.