KARTAR SINGH Vs. HARBANS KAUR

JUDGEMENT

(1.) The plaintiff, Kartar Singh has filed this second appeal against judgement and decree dated 12/04/1979, passed by Additional District Judge, Gurdaspur, whereby appeal filed by the defendant was accepted and the suit was dismissed. Earlier the trial Court, on 27/12/1975 had decreed the suit.

(2.) On 3/02/1961, Harbans Kaur on her behalf as well as on behalf of her minor son Kulwant Singh entered into an agreement of sale. Sale deed was executed on 19/04/1961. Kulwant Singh minor filed a suit that her mother and no right to sell his half share in the land in dispute. That suit after contest was decreed on 18/02/1970. An appeal was filed by Kartar Singh which was dismissed. Before Kulwant Singh could take possession of his share of the land from Kartar Singh the vendee, Kulwant Singh died and his share was inherited by his mother Harbans Kaur. Kartar Singh plaintiff, thus, filed the present suit for declaration that he was owner in possession of the entire land i.e. 111 kanals as per details given in the suit with consequential relief for permanent injunction restraining the defendant Harbans Kaur from interfering with the possession of the plaintiff. Harbans Kaur defendant contested the suit on different pleas. The following issues were framed by the trial Court :-

(3.) Under issue No. 1 it was held that Harbans Kaur defendant made a fraudulent representation to the plaintiff that she was sole owner of the land in dispute. Under issue No. 2 it was held that the plaintiff was entitled to retain possession of the land in dispute. Under issue No. 3 it was held that the present suit was not barred by res judicata. Thus, the suit was decreed. The lower appellate Court reversed this judgement and decree in appeal.