KARAM KAUR Vs. BATTAN SINGH AND ANOTHER

JUDGEMENT

(1.) In this case, arguments were heard and the judgment was reserved but on February 2, 1982 Civil Miscellaneous No. 586-C/1982 under Order 41, Rule 27 C.P.C. was filed in this Court. Notice of this Civil Miscellaneous application was given to the counsel opposite to which he filed his reply today in Court. According to the averments in the application filed on behalf of the respondents, it was stated that during the pendency of the appeal, the property in dispute had been sold to the respondents by the appellants by a registered deed, photostat copy of which was attached as Annexure 'A'. In the reply filed by the appellant, it has been categorically stated that the description of property given in the said sale deed does not tally with the description of the property in dispute and the property in dispute was never sold to the respondents, as claimed by them. All other allegations were also denied.

(2.) After going through the application and the reply filed thereto and hearing the learned counsel for the parties, I find that there is no merit in this application which is consequently dismissed. Accordingly the appeal disposed of on merits.

(3.) The plaintiff-appellant filed a suit for possession of the site in dispute on the allegations that vide gift deed dated 15.3.1958, Ishar Singh alias Chuhar Singh son of Dalip Singh of village Sujjon, effected the transfer of certain agricultural land and the site in the Abadi of village Sujjon in favour of Smt. Karam Kaur, the plaintiff, his sister. Said Karam Kaur thereafter instituted the present suit on 19.11.1965 for possession of that site against Rattan Singh and Gulwant Singh sons of Dewan Singh on the allegations inter alia that Chuhar Singh and his mother Jowali were the owners of the site in dispute and the said Chuhar Singh and Jowali transferred that estate to the plaintiff vide the said registered gift deed dated 15.3.1958. That about a year prior to the institution of the suit the defendants had started stacking bricks on that site to raise a building thereupon, whereupon the plaintiffs were constrained to bring a suit for mandatory injunction to ask the defendants to remove their bricks from the site in question; that in disobedience of the temporary injunction issued by the Court, the defendants constructed two Kothas on the site, thus, the defendants have taken forcible possession of the site shown in red colour and thus having unauthorisedly built thereupon, the plaintiff withdrew her previous suit, because of certain technical defects and has now brought the present suit for possession of the site. It has also been pleaded in para No. 2 of the plaint that on 7.10.1961 the defendants had filed a suit for possession of this very site against Karam Kaur, the plaintiff, and Chuhar Singh and Jowali the donors, that suit was dismissed by the trial Court vide its judgment dated 18.4.1962, Exhibit D. 2. It was thus contended that the said judgment operates as res judicata and debarred the defendants from raising the question of ownership again. The suit was resisted by defendant No. 1 on variety of grounds. It was contended firstly that the suit for possession of the site merely did not lie because the defendants have since built a house thereon and no relief has been sought in respect of the house. The execution of any gift deed by Chuhar Singh and Jowali in plaintiff's favour was denied, it was contended that on the other hand the defendants have been the owners in possession since long having acquired it by pre-emption. On the pleadings of the parties, the trial Court framed the following Issues :-