KARAMJIT SINGH Vs. KAUSHALYA DEVI

JUDGEMENT

(1.) ONE Balwant Singh, who owned, land in villages Ahrwan and. Ratia, district Hissar, died 56 years back leaving behind Smt. Kaushalaya Devi his widow (second wife), and his son Karamjit Singh and daughter Amrit Kaur (from his previous wife). All three of them inherited the estate of Balwant Singh in equal shares. Karamjit Singh in conspiracy with Teja Sing Lambardar of village Ahrwan, since deceased, and Malkiat Singh lodged Report No. 45 dated 6-10-1979 with Patwari Halqa Ahrwan to the effect that Smt. Kaushalya Devi had died. On the basis of the said Report, Mutation of inheritance of Smt. Kaushalya Devi bearing No. 497 was entered by the village Patwari in favour of Karamjt Singh on 8-10-1979. The said mutation was sanctioned by the Assistant Collector IInd Grade in presence of said Karamjot Singh, who was identified by Teja Singh Lambardar, on 18-10-1979. On the strength of the said mutation, Karamjot Singh sold the land of the share of Smt. Kaushalya Devi which was owned and possessed by her at village Ahrwan vide sale deed No. 3393, executed and registered on 13-11-1979 in favour of Malkiat Singh even though Karamjt Singh as well as Malkiat Singh very well knew that she was very much alive.

(2.) AGAIN , Karamjot Singh in conspiracy with his wife Smt. Kasturi Devi, Sadhu Singh Lambardar of village Ratia, Dhanwant Singh and Karam Narain etc., residents of Ratia, fraudulently and mala fide, without the knowledge and consent of the complainant Smt. Kaushalya Devi, got sale deed dated 3.11.1982, executed in respect of the land of Smt. Kaushalya Devi at village Ratia, in favour of his wife Smt. Kasturi Devi, by producing a lady other than Smt. Kaushalya Devi, who represented herself to be Kaushalya Devi.

(3.) ABOUT four months prior to the filing of the complaint, when Mahabir Singh had gone to Patwari Halqa to obtain Fard of the land of Smt. Kaushalya Devi at village Ahrwan, he came to know that in respect of the said land mutation of inheritance had already been sanctioned in favour of Karamjot Singh and that he had sold it to Malkiat Singh and Mahabir Singh informed Smt. Kaushalya Devi accordingly.