GURMIT SINGH Vs. HARINDER KAUR

JUDGEMENT

(1.) Defendant-appellant aggrieved against the judgment and decree of the first appellate Court reversing on appeal those of the trial Judge and decreeing the suit of the plaintiff-respondent of possession of the disputed land has moved this Court in regular second appeal. The brief facts of the case is as under :-

(2.) Harinder Kaur, plaintiff-respondent (hereinafter plaintiff) filed a suit for permanent injunction against the defendant-appellant (hereinafter the defendant) restraining him from interfering in her peaceful possession over the suit land measuring 12 Biswas bearing Khasra No. 490/2/1 situated in village Bandugarh, Tehsil and district Patiala and, in the alternative, for a decree for possession of the same. She pleaded that she was owner possession of land measuring 12 Biswas bearing Khasra No. 490/2/1 that the defendant in connivance with the revenue staff got the land entered in the Khasra Girdawari in his name with an intention to take its forcible possession; that she had taken separate steps for getting the entry in the Khasra Girdawari corrected; that since the disputed land was lying vacant, the defendant taking advantage of the entry in the Khasra Girdawari in his name tried to take forcible possession; that the disputed land is not under cultivation and if it is found that the defendant is in possession, decree for possession with respect to the suit land be passed in her favour.

(3.) The defendant contested the suit and in his written statement denied that the plaintiff was the owner possession of the disputed land. He alleged that his mother, Smt. Rajinder Kaur, was the owner in possession of the disputed land. His mother, who is sister of the plaintiff, sold land measuring 12 Biswas out of Khasra No. 790/2 (3-12) to the plaintiff vide registered sale deed dated December 31, 1958. The plaintiff could not take possession of that land. She got back the sale price and returned the original sale to the mother of the defendant. The defendant remained in possession of the disputed land for the last more than twelve years. Previously, his mother was in possession and on her death, the land devolved upon him by succession.