GHANIYA LAL Vs. NEETU

JUDGEMENT

(1.) The aforesaid two appeals are being decided together since they pertain to two civil suits filed by two sons of Shingara Ram alias Piara Ram with respect to the same property, against the same respondents/defendants claiming similar relief. Both the Courts below have decided the suit as well as the appeal by two separate but similar judgments. The facts for deciding the appeals are being taken from RSA No.4755 of 2019.

(2.) The appellant-plaintiff (hereinafter referred to as, 'plaintiff') filed a suit seeking declaration that conveyance deed dtd. 4/3/1968 executed in favour of respondent-defendant No.3/ Jagjit Singh, and subsequent power of attorneys executed by him, dtd. 23/9/2005, in favour of respondent-defendant Nos.4 and 5 (Rozi and Kewal Kumar, respectively), and another one executed in favour of respondent-defendant Nos.6 and 7 (Narinder Kumar and Sikandar Ladhir, respectively), dtd. 23/12/2011, are illegal, null and void. Further, a declaration was also sought that sale deed dtd. 26/3/2013 executed by respondent-defendant No.3 through defendant Nos.4 to 6 in favour of respondent-defendant No.1, and subsequent sale deed dtd. 26/9/2012 executed by respondent-defendant No.3 through defendant Nos.4, 5 and 7 in favour of defendant No.2, are sham transactions, illegal, null and void, and that plaintiff has become owner of the property by way of adverse possession.

(3.) The suit was contested by the defendants by pleading that the plaintiff was tenant in the disputed premises under defendant No.3, who transferred his right, title and interest in the property in favour of defendant Nos.1 and 2. The said property was evacuee property which was purchased by defendant No.3 through conveyance deed dtd. 4/3/1968. Defendant Nos.1 and 2 purchased the said property from defendant No.3 by registered sale deeds dtd. 26/3/2013 and 26/9/2012. Ever since, defendant Nos.1 and 2 became owner as well as landlord of the property having been purchased by them by way of duly registered sale deeds and power of attorneys. Defendant No.3 also appeared and averred that he was owner of the suit property, vide conveyance deed dtd. 4/3/1968, executed by Managing Officer Sales, Jalandhar. He further stated that he had transferred his rights to defendant Nos.4 and 5 for the consideration received.